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JBRART 

Of 


9AN  DIEGO 


OF  THE 

NINETEENTH  CENTURY 

EDITED   BY 

SIR  AUGUSTUS  OAKES,  CB. 

LATELY   OF   THE   FOREIGN    OFFICE 

AND 

R.  B.  MOWAT,  M.A. 

FELLOW   AND   ASSISTANT   TUTOR   OF   CORPUS   CHRISTI   COLLEGE,   OXFORD 

WITH  AN  INTRODUCTION  BY 

SIR    H.    ERLE    RICHARDS 

K. C.S.I.,  K.C.,  B.C.L.,  M.A. 
FELLOW  OF  ALL  SOULS  COLLEGE  AWD  CHICHELE  PROFESSOR  OF  INTERNATIONAL  LAW 

AND  DIPLOMACY   IN  THE  UNIVERSITY  OF  OXFORD 
ASSOCIATE  OF  THE  INSTITUTE  OF   INTERNATIONAL  LAW 


OXFORD 
AT  THE  CLARENDON   PRESS 


OXFORD  UNIVERSITY  PRESS 

AMEN   HOUSE,  E.C.  4 

LONDON   EDINBURGH   GLASGOW 

LEIPZIG   NEW  YORK  TORONTO 

MELBOURNE   CAPETOWN   BOMBAY 

CALCUTTA  MADRAS  SHANGHAI 

HUMPHREY  MILFORD 

PUBLISHER  TO  THE 
UNIVERSITY 


Impression  of  1930 

First  edition,  1918 

Printed  in  Great  Britain 


INTRODUCTION 

IT  is  now  generally  accepted  that  the  substantial 
basis  on  which  International  Law  rests  is  the  usage  and 
practice  of  nations.  And  this  makes  it  of  the  first 
importance  that  the  facts  from  which  that  usage  and 
practice  are  to  be  deduced  should  be  correctly  appre- 
ciated, and  in  particular  that  the  great  treaties  which 
have  regulated  the  status  and  territorial  rights  of 
nations  should  be  studied  from  the  point  of  view  of 
history  and  international  law.  It  is  the  object  of 
this  book  to  present  materials  for  that  study  in  an 
accessible  form. 

The  scope  of  the  book  is  limited,  and  wisely  limited, 
to  treaties  between  the  nations  of  Europe,  and  to 
treaties  between  those  nations  from  1815  onwards.  To 
include  all  treaties  affecting  all  nations  would  require 
many  volumes  ;  nor  is  it  necessary,  for  the  purpose 
of  obtaining  a  sufficient  insight  into  the  history  and 
usage  of  European  States  on  such  matters  as  those 
to  which  these  treaties  relate,  to  go  further  back  than 
the  settlement  which  resulted  from  the  Napoleonic 
wars.  The  aim  of  the  authors  is  to  present  an  historical 
summary  of  the  international  position  at  the  time  of 
each  treaty  ;  to  state  the  points  at  issue  and  the 
contentions  of  the  parties  ;  and  so  to  make  readily 
accessible  the  materials  on  which  international  lawyers 
have  to  work.  For  this  reason  the  pure  law-making 
treaties  have  been  omitted  ;  the  Hague  Conventions, 
for  instance,  speak  for  themselves,  and  in  their  construc- 
tion the  jurist  needs  little  help  from  general  history. 


iv  INTRODUCTION 

A  special  chapter  has  been  written  on  diplomatic 
forms  and  procedure  with  regard  to  treaties,  and  this 
must  take  rank  as  a  high  authority  on  these  points. 
It  will  be  found  of  particular  value  in  studying  the 
details  of  the  negotiations  which  have  resulted  in 
international  agreements. 

With  the  general  law  relating  to  treaties  the  authors 
make  no  attempt  to  deal,  and  in  that  they  are  well- 
advised  ;  both  because  it  is  beyond  the  province  of 
their  work,  and  because  on  some  points  as  to  the 
continuance  and  avoidance  of  treaties  the  law  is  still 
indeterminate  and  lawyers  differ.  But  there  is  one 
point  of  law  on  which  an  opinion  has  been  pronounced 
in  the  chapter  to  which  reference  has  been  made, 
which  is  a  point  of  much  present  importance  ;  and  since 
it  is  one  that  is  likely  to  come  up  for  decision  in  the 
near  future,  it  may  be  useful  to  explain  it  at  somewhat 
greater  length  than  has  been  possible  in  that  chapter. 
It  is  as  to  the  effect  of  war  on  treaties.  It  may  be  that 
the  peace  settlement  will  make  special  provision  for 
the  treaties  which  existed  between  the  belligerents 
before  war,  but  if  that  be  not  done  questions  must 
arise  as  to  the  revival  and  continuance  of  former 
treaties. 

The  authors  state  the  general  proposition  that  a 
treaty  is  terminated  by  the  occurrence  of  war  between 
the  parties,  '  war  being  considered  with  certain  excep- 
tions as  having  the  effect  of  abrogating  treaties  '.  That 
statement  of  the  law  is  well  founded  on  authority,  but 
there  has  been  a  tendency  of  late  to  advocate  another 
view,  and  there  are  jurists  who  maintain  that  the  rule 
is,  or  at  least  ought  to  be,  that,  subject  to  certain 
exceptions,  treaties  are  suspended  only  by  war  and 
revive  on  the  return  of  peace.  It  is  desirable  on  general 


INTRODUCTION  v 

grounds  to  limit  the  effect  of  war  on  the  relation  of 
states  as  far  as  may  be  possible,  but  the  usage  of  nations 
up  to  the  present  time  affords  no  sufficient  foundation 
for  this  opinion,  in  so  far  as  it  purports  to  be  a  state- 
ment of  existing  law. 

The  effect  of  war  on  any  particular  treaty  must  depend 
in  the  first  instance  on  the  character  of  the  treaty 
itself.  There  are  some  treaties  which  are  expressed 
to  operate  in  the  event  of  war  and  have  been  concluded 
with  that  object.  Such,  for  instance,  are  the  Hague 
Conventions  and  treaties  providing  for  the  neutraliza- 
tion of  particular  territories.  These  obviously  cannot 
be  suspended  or  annulled  by  war ;  on  the  contrary, 
they  are  brought  into  operation  by  the  occurrence 
of  war.  Further,  there  are  some  treaties  which  affect 
third  parties,  and  so  far  as  their  rights  are  concerned 
it  is  equally  obvious  as  a  general  proposition  that  no 
belligerent  can  affect  them  by  a  declaration  of  war 
against  any  other  nation.  Again,  there  are  some 
treaties  which  have  been  fully  executed,  that  is,  there 
are  cases  in  which  the  obligations  imposed  by  the  treaty 
have  been  performed  so  that  there  is  no  longer  any 
outstanding  liability  under  them.  Such  are  treaties 
of  cession  under  which  territory  has  been  ceded  and 
sovereignty  assumed  by  the  State  to  whom  the  cession 
has  been  made.  It  is  clear  that  war  does  not  divest 
that  sovereignty,  for  it  rests  on  the  accomplished 
transfer  and  no  longer  on  treaty  obligation.  So  in 
the  case  of  a  treaty  imposing  the  payment  of  a  sum 
of  money  by  way  of  indemnity  or  otherwise,  and  pay- 
ment made  ;  war  does  not  open  up  that  again,  for  the 
money  has  passed  and  the  obligation  of  the  treaty 
was  thereupon  ended.  Martens  and  others  have 
classified  treaties  such  as  these  by  the  name  of  '  transi- 


vi  INTRODUCTION 

tory  ',  because  the  property  has  passed  under  them. 
But  the  term  is  misleading  to  us  because  of  the  sense 
in  which  it  is  ordinarily  used  in  the  English  language, 
nor  is  the  alternative  '  dispositive  '  suggested  by  later 
English  writers  much  more  lucid.  It  serves  little  useful 
purpose,  however,  to  dwell  on  a  question  of  pure 
terminology  ;  the  English  lawyer  will  understand  what 
is  meant  if  these  treaties  be  called  '  executed  '.  The 
real  reason  of  the  exception  of  this  class  of  treaties  is 
that  title  rests  on  a  completed  act,  and  not  on  a  treaty 
obligation  of  which  the  liability  is  still  continuing. 

It  has  been  said  that  within  the  class  of  treaties 
which  remain  unaffected  by  war  are  included  treaties 
which  create  rights  over  land,  and  are  sometimes  called 
international  servitudes.  But  in  the  absence  of  express 
stipulation  the  usage  of  nations  affords  no  sufficient 
foundation  for  the  recognition  of  a  special  class  of 
treaty  rights  vested  with  special  attributes,  and  in  par- 
ticular with  the  attribute  of  permanency  in  spite  of  war, 
such  as  is  assumed  in  the  conception  of  international 
servitudes.  The  distinction  is  largely  the  creation  of 
text-writers,  working  on  the  analogy  of  the  rights  known 
as  servitudes  in  Roman  law  ;  a  dangerous  analogy  since 
the  rules  of  private  property  cannot  be  applied  with 
any  degree  of  exactness  to  the  sovereign  rights  of 
States.  There  seems  no  reason  why  rights  conferred 
by  treaty  on  one  State  to  be  exercised  in  the  territory 
of  another  State  should  be  in  any  different  position 
from  that  of  other  treaty  rights ;  and,  indeed,  that 
this  is  so  would  appear  from  the  personal  element 
which  is  inherent  in  most  such  grants  to  a  greater  or 
less  extent.  State  A  before  war  may  be  willing  to 
admit  the  subjects  of  State  B  to  the  enjoyment  of 
certain  rights  in  the  A  territories ;  but  after  war, 


INTRODUCTION  vii 

relations  stand  on  an  altogether  different  footing. 
The  fact  is,  that  the  personal  element  enters  largely 
into  treaty  concessions  and  that  they  bear  no  real 
analogy  to  private  rights  of  servitude.  Moreover, 
if  that  analogy  were  to  apply  at  all,  it  must  apply 
equally  to  the  common  case  of  treaties  conferring  rights 
of  entering  and  residing  for  the  purposes  of  trade, 
for  those  are  rights  to  be  exercised  on  the  soil,  if  the 
connexion  with  the  soil  is  to  be  the  test.  But  any 
extension  such  as  that  would  be  opposed  to  well- 
established  usage.  The  general  question  of  servitudes 
was  threshed  out  in  the  North  Atlantic  Fisheries 
Arbitration  at  The  Hague  in  1910,  and  the  Award  of 
the  Tribunal  is  an  express  decision  that  treaty  rights 
of  fishing  in  territorial  waters  stand  in  no  different 
position  from  any  other  treaty  rights  and  that  there 
is  no  special  law  of  servitudes  applicable  to  such  a  case, 
even  if  there  be  any  such  special  class  of  servitude 
rights  at  all.  The  decision  on  this  point  has  not  been 
accepted  in  its  entirety  by  all  text-writers ;  some  of 
them  already  committed  to  the  theory  of  servitudes  are 
reluctant  to  acquiesce  in  an  adverse  judgement.  But 
it  is  thought  that  the  Award  is  a  correct  statement  of 
international  law  and  that  it  is  in  accordance  with  the 
practice  of  nations  ;  for  though  there  is  authority  for 
the  general  doctrine  of  servitudes  to  be  found  in  the 
opinion  of  jurists  (and  even  they  are  not  in  agreement 
as  to  the  extent  and  the  attributes  of  a  servitude),  there 
is  little  or  no  precedent  in  the  usage  of  nations.1 
Indeed,  the  investigation  of  the  matter  at  The  Hague 
demonstrated,  as  is  submitted,  that  the  doctrine  could 

1  For  instance,  the  French  treaty-right  of  fishing  on  the  New- 
foundland coast  (Treaty  of  Utrecht,  17 13)  was  renewed  in  express 
terms  after  every  war  between  France  and  Great  Britain. 


viii  INTRODUCTION 

not  be  maintained,  or  at  least  could  not  be  maintained 
to  anything  like  the  extent  which  has  been  claimed 
for  it.  The  Mediatized  States  which  formed  the 
Germanic  Confederation  had  mutual  agreements  re- 
lating to  rights  of  way  and  the  like  which  have  been 
called  servitudes,  but  this  was  a  special  case  ;  the 
States  in  those  respects  were  really  in  the  position  of 
landowners  rather  than  sovereigns  and  the  rights 
were  analogous  to  those  of  dominium  rather  than  of 
imperium.  Nor  has  this  precedent  ever  become  part 
of  international  law.  The  better  opinion,  therefore, 
seems  to  be  that  so-called  servitudes  created  by  treaty 
stand  in  no  different  position  than  other  treaty  rights, 
and  are  affected  by  war  in  no  different  way. 

There  is  another  class  of  treaties  which  it  seems 
reasonable  to  hold  suspended  only  during  war  and  to 
revive  on  the  termination  of  hostilities,  in  the  absence 
of  any  agreement  to  the  contrary ;  such,  for  instance, 
are  the  treaties  which  provide  for  extradition  or  the 
mutual  enforcement  of  judgements.  These  treaties 
are  intended  to  be  permanent,  and  depend  on  no 
personal  considerations  ;  they  are  matters  of  mutual 
convenience.  But  the  law  cannot  be  said  to  be  definite 
on  this  point. 

Subject  to  these  observations  the  general  rule  is  that 
treaties  are  terminated  by  war.  And  indeed  this  is 
only  natural.  The  more  common  kind  of  treaties 
regulating,  for  instance,  the  alliances  of  States,  the 
economic  relations  of  States,  mutual  facilities  for  com- 
merce— all  these  must  obviously  depend  on  the  personal 
relations  of  the  contracting  parties,  and,  as  has  been 
already  observed,  those  personal  relations  cannot  fail  to 
be  affected  by  war.  Trade  with  a  friend  is  one  thing, 
trade  with  a  nation  which  has  till  lately  been  a  bitter 


INTRODUCTION  ix 

enemy  is  another  thing ;  the  conditions  are  altered, 
and  the  rule  that  treaties  generally  are  abrogated  at 
the  outbreak  of  war  is  based  on  good  reason. 

It  has  therefore  been  the  common  practice  to  make 
express  provision  in  treaties  of  peace  for  the  renewal 
or  confirmation  of  such  treaties  existing  before  the  war 
as  the  parties  may  agree  to  continue.  In  the  absence 
of  express  provision  it  is  of  course  still  open  to  the 
parties  to  agree  to  the  continuance  in  any  other  way, 
by  diplomatic  negotiation  or  by  acquiescence.  But 
in  default  of  agreement,  the  general  rule  comes  into 
force  and  treaties  are  held  abrogated  by  war. 

It  will  be  observed  that  a  large  number  of  treaties 
discussed  in  this  book  fall  within  the  class  of  executed 
contracts  to  which  States  other  than  belligerents  are 
parties.  But  economic  treaties  between  the  belli- 
gerents are  at  an  end,  in  default  of  provision  to  the 
contrary,  and  that  gives  to  the  opposing  States  the  power 
of  adjusting  their  trade  relations  in  accordance  with 
the  altered  conditions  which  will  prevail  after  the  war. 

H.  ERIE  RICHARDS. 


NOTE 

IT  is  our  pleasant  duty  to  acknowledge  the  courtesy  of 
the  Foreign  Office  in  affording  us  facilities  for  carrying  out 
this  work  ;  and  also  to  thank  Godfrey  Hertslet,  Esq.,  of  the 
Foreign  Office  for  allowing  us  to  use  some  of  his  father's 
material.  We  desire,  also,  to  acknowledge  gratefully  the 
action  of  H.M.  Stationery  Office  in  waiving  the  Government 
Copyright  in  respect  of  certain  documents  in  Hertslet's 
Map  of  Europe  by  Treaty.  For  permission  to  use  the 
material  of  the  map  of  France  in  the  last  century  from 
An  Historical  Atlas  of  Modern  Europe  (Oxford  University 
Press)  we  are  indebted  to  Messrs.  C.  Grant  Robertson  and 
J.  G.  Bartholomew.  Finally,  our  gratitude  is  due  to 
Professor  Sir  H.  Erie  Richards  for  suggestions  and  help 

given  to  us  at  every  stage. 

A.  H.  O. 
R.  B.  M. 

March,  1918. 


CONTENTS 

CHAP.  PAGE 

INTRODUCTION iii 

I.  ON  THE  CONCLUSION  OF  TREATIES  IN  ITS  TECHNICAL 
ASPECT  .........         i 

II.  THE  RESTORATION  OF  EUROPE.         .         .         .         .16 
Texts  :   The  Treaty  of  Vienna  (1815)— Epitome  of 
Annexes   ........       37 

III.  THE  INDEPENDENCE  OF  GREECE          ....       99 

Texts  :  The  Treaty  of  London  (1832)— The  Protocol 

of  London  (1830) — The  Treaty  of  London  (1863)    .     1 16 

IV.  THE  KINGDOM  OF  BELGIUM        .....     126 

Texts  :    The  Treaty  of  London  (1839)— The  Con- 
versations of  1906     .          .          .          .          .          .141 

V.  TURKEY  AND  THE  POWERS  OF  EUROPE         .          .          .158 
Texts  :    The  Treaty  of  Paris  (1856)— The  Straits 
Convention     (1856) — The     Declaration     of     Paris 
(1856) 176 

VI.  THE  DANISH  DUCHIES       .         .         .         .         .         .186 

Texts  :   The  Treaty  of  London  (1852) — The  Treaty 

of  Vienna  (1864)          ......     198 

VII.  THE  UNION  OF  ITALY        ......     210 

Texts  :    The  Treaty  of  Zurich  (1859)— The  Treaty 

of  Vienna  ( 1 866)         ......     226 

VIII.  AUSTRIA  AND  PRUSSIA      ......     241 

Text :  The  Treaty  of  Prague  (1866)       .         .         .251 

IX.  THE  GRAND  DUCHY  OF  LUXEMBURG   ....  256 

Text :  The  Treaty  of  London  (1867)      •          •          •  260 

X.  THE  FRANCO-GERMAN  WAR 263 

Texts  :  The  Preliminaries  of  Versailles  (1871) — The 
Treaty  of  Frankfort  (1871) — The  Constitution  of 

the  German  Empire  ......  274 


*ii  CONTENTS 

CHAP.  PAGE 

XI.  TURKEY,  RUSSIA,  AND  THE  BALKAN  STATES         .         .312 
Texts  :  The  Treaty  of  London  (1871) — The  Treaty 
of  Berlin  (1878)— The  Treaty  of  London  (1913)— 
The  Treaty  of  Bucharest  (1913)  ....     330 

XII.  THE  TRIPLE  ALLIANCE 367 

Texts  :    The  Treaty  of  Vienna  (1879)— The  Triple 
Alliance  (i 903) 372 

APPENDIX  : 

Text :  The  Treaty  of  San  Stefano  (1878)       .         .     377 


MAPS 

PAGE 

Napoleon's  Empire    .          .         .          .          .          .         .          .16 

Partitions  of  Poland 20-1 

Central  and  Eastern  Europe,  1815         .         .        ..         .          .23 

Greece,  1832-1913      ....  .     101 

The  Frontiers  of  Belgium    ....  .     13* 

The  Union  of  Italy,  1859-70        .          .  .          .         .211 

Prussia,  1815-71 .     245 

France,  1814-1917 -     265 

Aspirations  of  the  Balkan  States  in  1912       .          .         .          .315 
Balkan  States,  1878-1914 323 


CHAPTER  I 

ON  THE  CONCLUSION  OF  TREATIES  IN  ITS 
TECHNICAL  ASPECT 

Forms  of  international  contract  —  Full  powers  —  Signature  — 
Ratification  —  U.S.A.  —  Parliamentary  authority  —  Ratification 
article  —  Permanent  treaties  —  Terminable  treaties  —  Interpre- 
tation —  Tariff  treaties  —  Extradition  treaties. 

USAGE  has  not  prescribed  any  necessary  form  of  inter- 
national contract.1 

Treaties,  Conventions,  Agreements,  Declarations,  &c., 
are  all  assumed  to  have  the  same  binding  force,2  and  their 
observance  or  repudiation  are  matters  of  conscience  (or 
the  want  of  it)  on  the  part  of  the  contracting  parties, 
provided  always  that  there  are  no  considerations  such  as 
force  majeure  to  prevent  their  fulfilment. 

In  order  to  conclude  or  negotiate  the  more  formal  of 
these  instruments,  that  is  to  say,  Treaties  and  in  many 
instances  Conventions  or  Agreements,  it  is  the  practice  to 
provide  the  negotiator  with  a  full  power  from  his  sovereign, 
or  in  the  case  of  a  republic  from  the  head  of  the  state, 
investing  him  with  the  necessary  powers  for  accomplishing 
his  mission. 

Full  powers,  in  the  practice  of  Great  Britain,  are  of  two 
kinds,  called,  respectively,  general  and  special  full  powers. 
An  ambassador,  for  instance,  appointed  to  reside  at  a  foreign 
court,  may  be  provided  with  a  general  full  power  covering 

1  Hall's  International  Law,  4th  ed.,  p.  343,  §  109. 

1  Treaties,  and  some  Conventions,  are  concluded  in  the  names  of 
the  Sovereigns  of  the  respective  countries.  Other  Conventions,  and 
as  a  rule  Agreements  and  Declarations,  are  concluded  in  the  name 
of  the  respective  '  Governments  '.  To  this  extent  they  are  of  a  less 
formal  nature. 


2  THE  CONCLUSION  OF  TREATIES 

any  negotiations  with  a  view  to  the  conclusion  of  a  treaty 
which  he  may  enter  upon  in  the  course  of  his  residence  at 
that  court ;  a  special  full  power,  on  the  other  hand,  is 
limited  to  a  particular  occasion  which  is  indicated.  Both 
are  otherwise  couched  in  identical  terms  to  the  following 
effect : 

George,  by  the  Grace  of  God,  of  the  United  Kingdom 
of  Great  Britain  and  Ireland  and  of  the  British  Dominions 
beyond  the  seas  King,  Defender  of  the  Faith,  Emperor  of 
India.  To  all  and  singular  to  whom  these  Presents  shall 
come,  Greeting  ! 

Whereas,  for  the  better  treating  of  and  arranging  any 
matters  [certain  matters]  which  are  now  in  discussion  or  which 
may  come  into  discussion  between  Us  and  .  .  .  We  have 
judged  it  expedient  to  invest  a  fit  person  with  Full  Power  to 
conduct  negotiations  [to  conduct  the  said  discussion]  on  Our 
part :  Know  ye,  therefore,  that'We,  reposing  especial  Trust 
and  Confidence  in  the  Wisdom,  Loyalty,  Diligence,  and  Cir- 
cumspection of  Our  [name,  style  and  title  of  Plenipotentiary] , 
have  named,  made,  constituted  and  appointed,  as  we  do 
by  these  Presents  name,  make,  constitute  and  appoint  him 
Our  undoubted  Commissioner,  Procurator  and  Plenipoten- 
tiary :  Giving  to  him  all  manner  of  Power  and  Authority 
to  treat,  adjust  and  conclude  with  such  Minister  or  Ministers 
as  may  be  vested  with  similar  Power  and  Authority  on  the 
part  of  ...  any  Treaty,  Convention  or  Agreement  between 
Us  and  .  .  .  [any  Treaty,  Convention  or  Agreement  that  may 
tend  to  the  attainment  of  the  above-mentioned  end]  and  to 
sign  for  Us  and  in  Our  name,  everything  so  agreed  upon 
and  concluded,  and  to  do  and  transact  all  such  other 
matters  as  may  appertain  thereto,  in  as  ample  manner  and 
form,  and  with,  equal  force  and  efficacy,  as  We  Ourselves 
could  do,  if  personally  present :  Engaging  and  Promising, 
upon  Our  Royal  Word,  that  whatever  things  shall  be  so 
transacted  and  concluded  by  Our  said  Commissioner, 
Procurator,  and  Plenipotentiary,  shall,  subject  if  necessary 
to  Our  Ratification,  be  agreed  to,  acknowledged  and  ac- 
cepted by  Us  in  the  fullest  manner,  and  that  We  will  never 
suffer,  either  in  the  whole  or  in  part,  any  person  whatso- 
ever to  infringe  the  same,  or  act  contrary  thereto,  as  far 
as  it  lies  in  Our  power. 

In  witness  whereof  We  have  caused  the  Great  Seal  of 


SIGNATURE  3 

Our  United  Kingdom  of  Great  Britain  and  Ireland  to  be 
affixed  to  these  Presents,  which  We  have  signed  with  Our 
Royal  Hand. 

Given  at  Our  Court  of  ...  the  .  .  .  day  of  ...  in  the 
year  of  Our  Lord  one  thousand  nine  hundred  and  .  .  . 
and  in  the  .  .  .  Year  of  Our  Reign. 

The  words  printed  in  italics  between  square  brackets  are 
those  of  the  special  full  power. 

The  document  bears  the  Royal  sign  manual. 

Before  entering  upon  negotiations,  the  Plenipotentiaries 
produce  to  each  other  their  respective  full  powers.  Every 
treaty,  after  reciting  in  its  preamble  its  object  and  the 
names  of  the  Plenipotentiaries,  goes  on  to  say,  '  Who,  after 
having  communicated  to  each  other  their  respective  Full 
Powers,  found  in  good  and  due  form,  have  agreed  upon  the 
following  articles.  .  .  .' 

The  treaty  between  two  states  which  results  from  the 
negotiations  thus  authorized,  is  signed  in  duplicate  by  the 
respective  Plenipotentiaries,  and  in  the  language  of  each 
of  them  in  parallel  columns.  In  a  treaty  between,  say, 
Great  Britain  and  France,  the  signature  of  the  British 
Plenipotentiary  comes  first  in  the  copy  to  be  retained  by 
the  British  Government,  and  that  of  the  French  Plenipo- 
tentiary last.  Conversely,  in  the  copy  to  be  retained  by  the 
French  Government  the  signature  of  the  French  Plenipo- 
tentiary comes  first  and  that  of  the  British  Plenipotentiary 
last.  Similarly,  in  the  preamble  of  the  English  copy,  the 
name  of  the  English  monarch  is  mentioned  first,  and  in 
that  of  the  French  copy  the  name  of  the  President  of  the 
French  Republic. 

On  the  conclusion  of  the  treaty,  the  English  copy  is 
sent  home  for  preservation  amongst  the  British  official 
archives,  and  the  ratification  of  the  Sovereign  is  prepared 
in  the  following  form  : 

George,  by  the  Grace  of  God,  of  the  United  Kingdom 
of  Great  Britain  and  Ireland  and  of  the  British  Dominions 

B  2 


4  THE  CONCLUSION  OF  TREATIES 

beyond  the  seas  King,  Defender  of  the  Faith,  Emperor  of 
India.  To  all  and  singular  to  whom  these  Presents  shall 
come,  Greeting  ! 

Whereas  a  [Treaty  or  as  the  case  may  be]  between  Us 
and  .  .  .  was  concluded  and  signed  at  ...  on  the  .  .  .  day 
of  ...  in  the  year  of  Our  Lord  one  thousand  nine  hundred 
and  ...  by  the  Plenipotentiaries  of  Us  and  of  ...  duly 
and  respectively  authorized  for  that  purpose,  which 
[Treaty]  is  word  for  word  as  follows  : — [here  follows  a  copy 
of  the  Treaty  from  beginning  to  end  in  both  texts,  as  in 
the  original,  including  the  signatures  and  seals  (L.  S.) l  also 
in  copy], 

We,  having  seen  and  considered  the  [Treaty]  aforesaid, 
have  approved,  accepted  and  confirmed  the  same  in  all  and 
every  one  of  its  Articles  and  Clauses,  as  We  do  by  these 
Presents  approve,  accept,  confirm  and  ratify  it  for  Our- 
selves, Our  Heirs  and  Successors  ;  engaging  and  promising 
upon  Our  Royal  Word  that  We  will  sincerely  and  faithfully 
perform  and  observe  all  and  singular  the  things  which  are 
contained  and  expressed  in  the  [Treaty]  aforesaid,  and  that 
We  will  never  suffer  the  same  to  be  violated  by  any  one, 
or  transgressed  in  any  manner,  as  far  as  it  lies  in  Our  power. 
For  the  greater  testimony  and  validity  of  all  which  We  have 
caused  the  Great  Seal  of  Our  United  Kingdom  of  Great 
Britain  and  Ireland  to  be  affixed  to  these  Presents,  which 
We  have  signed  with  Our  Royal  Hand. 

Given  at  Our  Court  of  ...  the  .  .  .  day  of  ...  in  the 
year  of  Our  Lord  one  thousand  nine  hundred  and  .  .  . 
and  in  the  .  .  .  year  of  Our  Reign.  [Here  follows  the  Royal 
signature.] 

This  ratification  is  then  sent  to  the  British  representative 
at  the  Court  of  the  other  signatory  Power,  to  be  exchanged 
against  a  similar  document  issuing  from  the  latter,  which 
is  then  sent  home  to  be  preserved  amongst  the  official 

1  The  letters  L.  S.,  enclosed  in  a  circle,  and  placed  on  the  left  of 
the  copy  of  a  signature  to  a  treaty  or  other  document,  indicate 
the  place  where  the  seal  is  affixed  in  the  original  document  (Locus 
sigilli).  It  is  usual  in  treaties  occupying  more  than  one  folio  page 
to  connect  the  several  pages  together  with  a  narrow  ribbon  of  the 
national  colours.  The  ends  of  the  ribbons  are  then  collected  together 
on  the  last  page  of  the  document  opposite  the  signatures,  and  the 
seals  of  the  different  Plenipotentiaries  are  impressed  in  wax  upon 
them  as  a  security  against  fraudulent  abstraction  of  any  of  the  pages. 


RATIFICATION  5 

archives.  It  is  customary  for  the  representative  in  question 
and  the  Minister  for  Foreign  Affairs  of  the  other  signatory 
Power  to  sign  a  protocol  recording  the  fact  that  the  ex- 
change of  the  ratifications  has  been  duly  effected. 

In  the  case  of  a  general  treaty  between  several  Powers, 
the  ratifications  are  sometimes  deposited  in  the  archives  of 
the  country  in  which  the  treaty  is  signed,  as,  for  instance, 
those  of  the  London  Treaty  of  March  10,  1883,  respecting 
the  navigation  of  the  Danube ;  those  of  the  General  Act 
of  Brussels  of  July  2,  1890,  respecting  the  African  Slave 
Trade,  &c.  :  thus  the  multiplication  of  ratifications  is 
avoided. 

The  practice  of  the  United  States  differs  in  one  respect 
from  the  procedure  above  indicated.  According  to  the 
constitution  of  that  country,  the  treaty-making  power  is 
vested  in  the  President,  subject  to  the  approval  of  two- 
thirds  of  the  Senate,  and  there  are  instances  on  record 
in  which  the  Senate  has  introduced  amendments  into  a 
treaty  as  a  condition  of  its  acceptance.  If  such  amend- 
ments are  not  accepted  by  the  other  party  to  the  treaty,  the 
treaty  remains  inoperative,  as  in  the  case  of  the  '  Clarendon- 
Dallas '  Treaty  of  October  17,  1856,  relating  to  Central 
America,1  or  the  Treaty  of  Versailles,  1919. 

In  the  United  States  a  treaty  duly  ratified  by  the  Senate, 
and  entering  into  force,  becomes  ipso  facto  a  portion  of  the 
law  of  the  land.  This  is  not  so  in  England,  and  care  has 
therefore  to  be  taken  in  negotiating  a  treaty  that  its 
stipulations  are  not  antagonistic  to  the  law,  or  if  they  are 
so,  that  the  law  be  amended  so  that  it  shall  agree  with  the 

1  Stale  Papers,  vol.  xlvii,  p.  677.  See  also  United  States  Rati- 
fication with  Amendments  on  p.  687  of  the  same  volume.  The 
question  whether  it  would  be  possible  for  the  Queen  to  ratify  an 
engagement  which  had  not  been  signed  by  a  Plenipotentiary  on  the 
part  of  Her  Majesty,  was  incidentally  raised  by  Lord  Clarendon  on 
the  receipt  of  the  United  States  Ratification  with  Amendments ; 
but  as  the  Amendments  were  not  accepted  by  Great  Britain,  this 
question  did  not  assume  a  concrete  form,  but  remained  an  open 
problem  (see  p.  692  of  the  same  volume). 


6  THE  CONCLUSION  OF  TREATIES 

treaty;  otherwise  a  government  may  find  itself  in  the 
position  of  being  bound  towards  a  foreign  country  to  give 
effect  to  stipulations  which  the  law  of  the  land  forbids 
it  to  carry  out.  In  this  connexion  it  may  be  mentioned 
that  a  stipulation  involving  a  money  payment  by  England 
has  been  thus  guardedly  worded,  '  Her  Majesty  undertakes 
to  recommend  to  Her  Parliament  to  vote  a  sum  of  money,' 
or  words  to  that  effect.  Another  case  in  point  is  that  of 
Heligoland.  Article  XII  of  the  Anglo-German  Agreement 
of  July  i,  1890,  says  :  '  Subject  to  the  Assent  of  the 
British  Parliament,  the  Sovereignty  over  the  Island  of 
Heligoland,  together  with  its  dependencies,  is  ceded  by  Her 
Britannic  Majesty  to  His  Majesty  the  Emperor  of  Germany.'  * 
It  has  been  held  in  some  quarters  that  no  such  assent 
was  necessary,  and  that  it  constituted  a  surrender  of  the 
Queen's  Prerogative.  Be  that  as  it  may,  an  Act  of  Par- 
liament was  passed  on  August  4,  1890,  assenting  to  the 
carrying  out  of  this  Agreement.2  The  Commercial  Treaty 
of  1860  with  France  also  contained  many  undertakings  to 
recommend  to  Parliament  the  reduction  of  duties  agreed 
to,  subject  to  Parliament's  assent.  Thus  no  breach  of  the 
treaty  would  result  from  any  failure  on  the  part  of  the 
Parliament  to  comply  with  the  recommendation. 

In  the  case  of  general  treaties  between  several  Powers, 
concluded  as  a  rule  in  the  French  language,  the  Plenipo- 
tentiaries sign  in  alphabetical  order  of  countries  :  thus 
the  German  Plenipotentiary  would  sign  under  the  letter  A 
(Allemagne)  ;  those  of  Spain  and  the  United  States  under 
the  letter  E  (Espagne,  Etats-Unis).  This  principle  was 
adopted  in  the  Vienna  Congress  Treaty  of  1815.  Never- 
theless, the  British  copy  of  the  General  Act  of  Brussels  of 
1890  (relating  to  the  African  Slave  Trade)  was  signed  first 
by  the  British  Plenipotentiaries,  the  others  following  in  the 
alphabetical  order  of  their  countries. 

1  State  Papers,  vol.  Ixxxii,  p.  46. 

*  53  &  54  Vic.  caP-  32-    State  Papers,  vol.  Ixxxii,  p.  668. 


RATIFICATION  ARTICLE  7 

The  Treaty  of  Berlin,  I878,1  presents  another  variation 
of  this  principle.  In  the  preamble  of  the  British  copy, 
Great  Britain  is  mentioned  first,  then  France,  then  the 
remainder  in  their  alphabetical  order.  In  signing,  Great 
Britain  came  first,  then  Turkey,  then  the  others  in  alpha- 
betical order.  No  absolute  rule  is  followed.  With  regard 
to  the  now  customary  use  of  the  French  language  in  general 
treaties  between  several  Powers,  it  is  to  be  observed  that 
every  country  has  strictly  the  right  to  require  that  its 
own  version  of  a  treaty  shall  be  expressed  in  its  own 
language.  In  departing  from  this  custom,  for  the  sake  of 
convenience,  in  the  Vienna  Congress  Treaty  of  1815,  it 
was  expressly  laid  down  in  Article  CXX  of  that  instrument 
that  the  use  of  the  French  language  therein  should  not  be 
construed  into  a  precedent  for  the  future  ;  that  every 
Power,  therefore,  reserved  to  itself  the  adoption  in  future 
negotiations  and  conventions  of  the  language  it  has  hereto- 
fore employed  in  its  diplomatic  relations ;  and  that  that 
treaty  should  not  be  cited  as  a  precedent  contrary  to  the 
established  practice. 

All  treaties  and  conventions  contain,  or  should  contain, 
a  ratification  article.  Although  its  absence  is  no  bar 
to  ratification,  it  sets  at  rest  all  doubt  as  to  the  in- 
tention.2 There  are  instances  in  which  the  less  formal 
'  Agreement '  has  received  ratification,  though  unprovided 
with  a  stipulation  requiring  it. 

The  ratification  article  is  generally  the  last  one  in  the 
treaty,  and  is  couched  in  terms  to  the  following  effect  : 
'  The  present  Treaty  [Convention]  shall  be  ratified  and  the 
Ratifications  shall  be  exchanged  at  ...  within  .  .  .  weeks, 
or  sooner  if  possible.'  Occasionally  no  limit  of  time  is 
stated,  the  words  '  as  soon  as  possible  '  being  employed. 
It  has  sometimes  happened  that  when  the  exchange  of 

1  State  Papers,  vol.  Ixix,  p.  749. 

1  Of  course,  a  treaty  such  as  the  '  Holy  Alliance  ',  which  wa3 
signed  by  the  Sovereigns  themselves,  does  not  require  ratification. 


3  THE  CONCLUSION  OF  TREATIES 

ratifications  has  been  delayed  beyond  the  stipulated  time, 
an  agreement  has  been  signed  extending  that  time.  On 
other  occasions  of  the  same  kind  the  exchange  has  taken 
place  notwithstanding  the  expiration  of  the  period,  and 
nothing  said  about  it. 

In  modern  times  Treaties  of  Commerce  have  almost 
invariably  been  made  terminable  at  the  end  of  a  certain 
specified  time,  subject  to  one  of  the  parties  thereto  giving 
notice  to  the  other  of  an  intention  to  terminate  it.  Such  a 
notice  is  often  referred  to  as  a  '  Denunciation '  of  the  treaty. 

Article  25  of  the  Anglo-Belgian  Treaty  of  Commerce  and 
Navigation  of  July  23,  I862,1  declares  that  '  The  present 
Treaty  shall  continue  in  force  for  ten  years  dating  from 
the  tenth  day  after  the  exchange  of  the  Ratifications.  In 
case  neither  of  the  two  Contracting  Parties  should  have 
notified,  twelve  months  before  the  end  of  the  said  period, 
its  intention  to  terminate  the  Treaty,  it  shall  remain  in 
force  until  the  expiration  of  a  year  dating  from  the  day  on 
which  either  of  the  High  Contracting  Parties  shall  have 
given  notice  for  its  termination.'  An  Article  similar  in  its 
terms  is  now  introduced  generally  into  Treaties  of  Commerce. 

In  denouncing  a  treaty  under  the  powers  conferred  by 
a  stipulation  of  the  above  purport,  no  particular  form  or 
procedure  is  laid  down.  In  the  case  of  the  Belgian  Treaty 
of  1862,  and  of  that  with  the  Zollverein  of  May  30,  1865, 
both  of  which  were  denounced  by  Great  Britain  on  July  28, 
1897,  the  following  procedure  was  adopted  :  On  that  date 
the  Secretary  of  State  for  Foreign  Affairs,  Lord  Salisbury, 
addressed  a  dispatch  to  the  British  Minister  at  Brussels  in 
the  following  terms  :  '  I  have  to  request  that  you  will  at 
once  give  notice  of  the  intention  of  Her  Majesty's  Govern- 
ment to  terminate  the  Treaty  of  Commerce  and  Navigation 
between  Great  Britain  and  Belgium  signed  on  the  23rd  July, 
1862.  In  virtue  of  the  stipulations  contained  in  Article  XXV, 
the  Treaty  will  accordingly  terminate  upon  the  expiration 
1  State  Rapers,  vol.  lii,  p.  8. 


of  a  year  dating  from  the  day  upon  which  you  give  the 
notice.'1  An  exactly  similar  dispatch  (mutatis  mutandis) 
was  addressed  on  the  same  day  to  the  British  Ambassador 
at  Berlin  denouncing  the  Zollverein  Treaty  of  1865.  The 
reason  for  these  denunciations,  as  explained  in  subsequent 
correspondence,  was  that  these  two  treaties  contained  an 
unusual  stipulation  under  which  Belgian  and  German 
merchandise,  respectively,  was  entitled  to  admission  to 
British  Colonies  on  the  same  terms  as  merchandise  from 
Great  Britain,  the  mother  country.  This  treatment  ex- 
tended, under  the  operation  of  the  '  most  favoured  nation  ' 
Article,  to  all  other  countries  having  commercial  treaties 
with  Great  Britain.  Canada  was  at  that  moment  elaborat- 
ing a  law  granting  preferential  treatment  to  the  merchandise 
of  the  United  Kingdom,  in  which  foreign  nations  should 
not  participate,  and  it  became  necessary,  therefore,  to  get 
rid  of  the  two  obnoxious  treaties  which,  as  long  as  they 
continued  in  force,  would  entitle  all  foreign  countries  to 
participate  in  advantages  intended  for  Great  Britain  only, 
thus  making  preferential  treatment  of  the  mother  country 
impossible.  The  British  representatives  at  Brussels  and 
Berlin  gave  notice  to  the  respective  Governments,  as 
instructed,  and  the  two  treaties  lapsed  in  due  course. 

It  is  not  unusual,  and  it  is  certainly  desirable,  to  notify 
in  the  official  press  that  a  foreign  country  has  denounced 
a  treaty.  In  the  instance  quoted  above,  the  Belgian 
Government  announced  the  British  denunciation  of  their 
treaty  in  the  Moniteur  Beige  of  August  i,  1897.  Again, 
when  the  Hawaiian  Government,  in  1878,  denounced  certain 
Articles  of  their  Treaty  with  Great  Britain  of  July  10, 
1851,  a  notice  announcing  the  fact  was  published  in  the 
London  Gazette  of  February  19,  1878.2  When,  in  1896,  the 
Dominican  Republic  denounced  their  Treaty  of  March  6, 
1850,  by  a  Note  from  their  Minister  of  Foreign  Affairs  to 

1  Slate  Papers,  vol.  Ixxxvi,  p.  324. 
1  Ibid.,  vol.  Ixix,  p.  616. 


io  THE  CONCLUSION  OF  TREATIES 

the  British  Secretary  of  State,  the  fact  was  announced  in 
the  London  Gazette  of  August  21,  i8g6,1  and  similarly  in 
other  cases  the  same  course  has  been  followed. 

Speaking  generally,  political  treaties  are  of  a  permanent 
character,  and  are  not  made  subject  to  termination,  unless 
their  nature  is  such  as  to  render  that  course  desirable  or 
obvious ;  but  there  are  other  treaties  besides  those  for 
regulating  commercial  intercourse,  which  are  as  a  rule 
terminable  on  denunciation,  for  instance,  Extradition 
Treaties  and  others  treating  of  a  particular  subject. 
Article  XI  of  the  Treaty  of  August  9,  1842,  between  Great 
Britain  and  the  United  States,  declares  that  the  tenth 
Article  (which  deals  with  the  Extradition  of  fugitive 
criminals)  'shall  continue  in  force  until  one  or  the  other 
of  the  parties  shall  signify  its  wish  to  terminate  it,  and  no 
longer  '.2  The  Extradition  Treaty  between  Great  Britain 
and  Serbia  of  November  23,  1901,  Article  i8,3  provided 
that  '  The  present  Treaty  .  .  .  may  be  terminated  by  either 
of  the  High  Contracting  Parties  at  any  time  on  giving  to 
the  other  six  months'  notice  of  its  intention  to  do  so  ' ; 
that  between  Great  Britain  and  Spain  of  June  4,  1878, 
contained  a  similar  stipulation  (Article  17).*  Many  other 
instances  might  be  quoted,  such  as  the  Agreement  with 
Denmark  of  June  21,  1881,  respecting  merchant  seamen 
deserters,5  terminable  on  one  year's  notice ;  a  similar 
Agreement  of  July  25,  1883,  respecting  relief  of  distressed 
seamen,6  also  terminable  on  one  year's  notice  ;  Agreement 
with  Portugal  respecting  Money  Orders,  January  17,  1883,' 
terminable  on  six  months'  notice,  &c. 

A  treaty  which  is  not,  in  virtue  of  its  stipulations,  ter- 
minable in  the  manner  described,  can  in  strictness  be 
terminated  only  by  mutual  agreement  between  the  con- 
tracting parties,  or  by  the  occurrence  of  a  war  between 

1  State  Papers,  vol.  Ixxxviii,  p.  214. 

*  Ibid.,  vol.  xxx,  p.  366.  3  Ibid.,  vol.  xcii,  p.  46. 
4  Ibid.,  vol.  Ixix,  p.  12.  5  Ibid.,  vol.  Ixxii,  p.  6. 

•  Ibid.,  vol.  Ixxiv,  p.  77.  7  Ibid.,  vol.  Ixxiv,  p.  5. 


TERMINABLE  TREATIES  II 

them,  war  being  considered,  with  certain  exceptions,  as 
having  the  effect  of  abrogating  treaties,  or  by  the  advent 
of  special  circumstances  incompatible  with  its  continued 
observance.  These  arc  matters  which  need  not  here  be 
entered  into  :  it  will  be  sufficient  to  note  one  well-known 
instance  in  which  an  abrogation  without  consent  has  been 
attempted,  namely,  in  the  case  of  the  Black  Sea  Articles 
of  the  Treaty  of  Paris  of  1856,  regarding  which  the  Russian 
Government  announced,  in  1870,  that  it  held  itself  to  be 
emancipated.  Great  Britain  replied  that  it  had  always 
been  held  that  the  right  of  releasing  a  party  to  a  treaty 
belonged  only  to  the  Governments  which  had  been  parties 
to  the  original  instrument.  Russia's  bare  announcement 
of  withdrawal,  if  acquiesced  in,  would  result  in  the  entire 
destruction  of  treaties  in  their  essence.  Russia  thereupon 
abandoned  the  position  she  had  taken  up,  and  a  conference 
was  held  in  London  at  which  the  articles  objected  to  were 
amended  by  common  consent,  and  a  Declaration  was  at 
the  same  time  signed  by  the  Powers  (including  Russia)  on 
January  17,  1871,  recognizing  '  that  it  is  an  essential 
principle  of  the  Law  of  Nations  that  no  Power  can  liberate 
itself  from  the  engagements  of  a  Treaty,  nor  modify  the 
stipulations  thereof,  unless  with  the  consent  of  the  Con- 
tracting Powers  by  means  of  an  amicable  arrangement  '.* 
The  Treaty  for  the  revision  of  the  Black  Sea  Articles  of 
the  Treaty  of  1856  was  signed  on  March  13,  i87i.2  Russia, 
therefore,  gained  her  ends,  or  some  of  them,  while  the 
'  essential  principle  of  the  Law  of  Nations  '  was  vindicated 
by  the  assent  of  the  Powers.  The  annexation  of  Bosnia 
and  Herzegovina  by  Austria,  on  October  8,  1908,  was  in 
effect  a  repudiation  of  Article  XXV  of  the  Treaty  of  Berlin, 
July  13,  1878,  although  in  her  circular  to  the  Powers 
announcing  the  annexation,  the  Austrian  Government 
simply  ignored  the  existence  of  the  Treaty. 

1  Stale  Papers,  vol.  Ixi,  p.  1198. 
*  Ibid.,  vol.  Ixi,  p.  7. 


12  THE  CONCLUSION  OF  TREATIES 

In  order  to  avoid  disputes  respecting  the  true  interpre- 
tation of  a  treaty  when  signed  in  more  than  one  language, 
it  has  occasionally  been  agreed  that  in  the  event  of  discre- 
pancy between  the  different  '  texts  ',  one  or  other  of  them 
shall  be  held  to  convey  the  intentions  of  the  negotiators. 
Thus,  in  the  Treaty  of  Peace  between  Japan  and  Russia 
signed  at  Portsmouth  (United  States)  on  September  5, 
1 905,*  it  was  agreed,  in  Article  XV,  as  follows  :  '  The 
present  Treaty  shall  be  signed  in  duplicate,  in  both  the 
English  and  French  languages.  The  texts  are  in  absolute 
conformity,  but  in  case  of  discrepancy  in  interpretation, 
the  French  text  shall  prevail.' 

Some  commercial  treaties  are  accompanied  by  a  tariff  of 
import  and  export  duties  to  be  charged  on  goods  by  the 
respective  contracting  parties.  Others  are  not  accompanied 
by  any  tariff,  and  depend  mainly  on  the  '  most  favoured 
nation '  articles.  A  good  example  of  a  tariff  treaty  is  that 
of  1860  between  Great  Britain  and  France,2  generally 
associated  with  the  name  of  Richard  Cobden,  who  was  one 
of  the  Plenipotentiaries  negotiating  it.  This  treaty  re- 
mained in  force  until  May  15,  1882,  when  it  was  replaced 
by  the  Convention  for  the  regulation  of  Commercial  and 
Maritime  Relations  signed  at  Paris  on  February  28,  1882, 
which  came  into  operation  on  May  16.  The  Treaty  of 
January  23,  1860,  contained  an  enumeration  of  articles 
upon  which  an  ad  valorem  duty  should  be  charged,  and  the 
Supplementary  Conventions  of  October  12,  i86o,3  and 
November  16,  1860,*  were  accompanied  by  full  tariffs  of 
import  duties  on  British  goods  imported  into  France.  The 
changes  in  the  duties  arranged  for  in  the  Treaty  of 
January  23  were  made  subject  to  the  consent  of  the 
British  Parliament. 

The  tariffs  of  1860  came  to  an  end  by  the  operation  of 
the  Convention  of  1882,  which  declared  that  the  import 

1  State  Papers,  vol  xcviii,  p.  735.  *  Ibid.,  vol.  1,  p.  13. 

*  Ibid.,  vol.  1,  p.  31.  *  Ibid.,  vol.  1,  p.  48. 


TARIFF  TREATIES  13 

duties  should  thenceforth  be  regulated  by  the  internal 
legislation  of  the  two  countries,  while  in  all  other  matters 
'  most  favoured  nation  treatment  '  was  mutually  guaran- 
teed. The  Convention  also  dealt  with  the  coasting  trade, 
fisheries,  taxes,  residence,  shipping,  patterns,  trade  marks, 
and  other  kindred  subjects,  granting  either  '  most  favoured 
nation  '  or  '  national '  treatment. 

Some  of  these  matters,  as  a  rule,  form  the  subject  of 
separate  treaties  or  agreements.  Extradition,  for  ex- 
ample, is  almost  always  treated  separately.  An  Extra- 
dition Treaty  contains  a  list  of  crimes,  the  commission  of 
any  of  which  will  entail  the  surrender  of  the  criminal, 
and  it  is  usual  to  insert  an  article  in  such  a  treaty  to  the 
effect  that  the  contracting  parties  reserve  to  themselves 
the  right  to  refuse  to  surrender  their  own  nationals  :  some- 
times they  declare  categorically  that  they  will  not  surrender 
them. 

The  question  of  capital  punishment  (in  the  case  of 
murder)  has  sometimes  proved  an  impediment  to  the  con- 
clusion of  an  Extradition  Treaty.  Portugal  is  a  case  in 
point,  but  in  the  treaty  between  Great  Britain  and  that 
country  of  October  17,  I8Q2,1  the  difficulty  was  got  over 
by  the  acceptance  by  Great  Britain  of  a  reservation  in 
Article  II  to  the  following  effect  :  '  The  Portuguese 
Government  will  not  deliver  up  any  person  either  guilty  or 
accused  of  any  crime  punishable  with  death.'  This  treaty, 
so  far  as  Great  Britain  was  concerned,  was  therefore  in- 
complete, because  Portugal  could  retrieve  her  murderers 
from  Great  Britain,  while  the  latter  enjoyed  no  reciprocity 
in  this  respect.  However,  the  disadvantages  were  no  doubt 
deemed  to  be  overbalanced  by  the  advantage  of  possessing 
a  workable  arrangement  in  respect  of  minor  crimes,  and  the 
treaty,  though  one-sided,  was  concluded. 

It  may  be  useful  to  indicate  in  a  few  words  the  customary 
manner  of  proceeding  on  the  meeting  of  a  Congress  or  a 
1  Stale  Papers,  vol.  Ixxxiv,  p  83. 


14  THE  CONCLUSION  OF  TREATIES 

Conference  to  discuss  international  questions  with  a  view 
to  concluding  a  treaty  for  their  settlement. 

Such  meetings,  when  taking  place  in  London,  are  almost 
invariably  held  at  the  Foreign  Office,1  and  a  similar  practice 
is  no  doubt  followed  at  other  capitals  where  structural 
arrangements  permit,  the  respective  Ministries  for  Foreign 
Affairs  being  the  most  convenient  for  purposes  of  reference 
to  international  documents. 

The  Paris  Conferences  in  1856  on  the  conclusion  of  the 
Crimean  War,  for  instance,  were  held  at  the  Ministry  for 
Foreign  Affairs.  On  that  occasion,  at  the  first  meeting 
on  February  25,  the  Austrian  Plenipotentiary  opened  the 
proceedings  by  proposing  that  the  Presidency  of  the 
Conference  should  be  conferred  upon  Count  Walewski, 
the  first  French  Plenipotentiary,  not  only,  he  said,  because 
precedents  pointed  to  this  course,  but  also  because  it 
constituted  a  mark  of  respect  towards  the  Sovereign  whose 
hospitality  the  Representatives  of  Europe  were  at  that 
moment  enjoying.  This  proposal  having  been  unanimously 
agreed  to,  Count  Walewski,  after  thanking  the  Plenipo- 
tentiaries for  the  honour  conferred  upon  him,  proposed 
to  confide  the  editing  of  the  protocols  of  the  meetings  to 
M.  Benedetti,  the  Director  of  the  political  affairs  of  the  French 
Foreign  Office,  who  was  thereupon  introduced.  The  Official 
occupying  this  post  is  called  the  '  Protocolist '.  The 
Plenipotentiaries  then  proceeded  to  the  verification  of 
their  respective  full  powers,  after  which  they  undertook 
to  preserve  absolute  secrecy  as  to  their  proceedings  in 
Conference.  Their  first  business  was  to  declare  an  armistice 
between  the  late  belligerents  for  the  duration  of  the 
Conference.2 

Take,  again,  the  London  Conferences  of  1867  (held  at 
the  Foreign  Office)  on  the  question  of  the  Grand  Duchy 

1  The  Conference  of  London,  however,  at  the  conclusion  of  the 
First  Balkan  War,  1913,  was  held  at  the  Palace  of  St.  James. 
*  State  Papers,  vol.  xlvi,  p.  63. 


PROCEDURE  AT  CONFERENCES      15 

of  Luxemburg.  At  the  first  meeting  the  Austrian  Plenipo- 
tentiary proposed  that  Lord  Stanley,  the  English  Secretary 
of  State  for  Foreign  Affairs,  should  be  invited  to  assume 
the  Presidency  of  the  Conference.  Lord  Stanley  then 
proposed  Mr.  Julian  Fane,  British  Secretary  of  Embassy  at 
Paris,  as  the  Protocolist,  and  he  was  introduced  accordingly. 
Then  came  the  verification  of  the  full  powers.1 

The  same  course  with  little  variation  was  adopted  at 
the  London  Conference  of  1883  respecting  the  navigation 
of  the  Danube.  The  German  Plenipotentiary  at  the  first 
meeting  on  February  8  proposed  Earl  Granville,  British 
Secretary  of  State  for  Foreign  Affairs,  for  the  Presidency, 
and  the  latter  proposed  Mr.  J.  A.  Crowe  of  the  Consular 
and  Diplomatic  Services,  as  Secretary  2  (no  doubt  intended 
as  a  synonymous  term  with  Protocolist). 

It  is  to  be  presumed  that  these  appointments  of  Officers 
are  decided  by  previous  understanding  amongst  the  Pleni- 
potentiaries, hence  that  unanimity  which  is  a  feature  of 
the  plenary  proceedings  in  this  connexion. 

Concerning  the  order  of  discussions,  a  similar  procedure 
may  be  to  some  extent  adopted.  For  the  rest,  a  perusal 
of  a  variety  of  Protocols  of  Conferences  (or  Minutes  of 
Meetings,  as  they  would  be  called  in  less  important  unofficial 
circumstances)  leads  to  an  impression  that  discussions  are 
there  conducted  much  on  the  lines  of  a  Committee  of  the 
House  of  Commons  when  considering  a  Bill  before  the  House. 
Members  are  not  limited  to  one  speech  apiece,  but  rise  from 
time  to  time  to  give  voice  to  their  ideas  in  words  many  or 
few,  as  the  spirit  moves  them  or  the  complaisance  of  their 
audience  can  tolerate. 

1  State  Papers,  vol.  Ix,  p.  497.  2  Ibid.,  vol.  Ixxiv,  p.  1231. 


CHAPTER  II 
THE  RESTORATION  OF  EUROPE 

The  French  Revolution  —  The  Revolutionary  Wars  — The  First 
Peace  of  Paris  —  Speech  of  the  Prince  Regent  —  Congress  of 
Vienna  —  The  Final  Act  —  The  Balance  of  Power  —  Poland  — 
France  —  Alexander  I  —  The  Peace  of  Ghent  —  Alliance  of  Three 
States  —  Italy —  Colonies —  Navigation  of  Rivers  —  Slave  trade  — 
Duration  of  Vienna  Settlement  —  Holy  Alliance  —  Great  Britain  — 
and  the  Holy  Alliance  —  Second  Peace  of  Paris. 

Texts  :  The  Treaty  of  Vienna  (1815)  —  Epitome  of  Annexes. 

THE  Congress  of  the  European  Powers  which  assembled 
at  Vienna  in  the  year  1814  was  an  indirect  outcome  of 
the  French  Revolution  of  the  previous  century,  owing  to 
the  devastating  wars  to  which  that  event  gave  rise. 

The  French  Revolution  is  reckoned  to  have  commenced 
with  the  destruction  of  the  Bastille  in  July  1789.  For 
some  time  previously  the  country,  and  in  particular  the 
capital,  had  been  in  a  state  of  unrest  owing,  in  great 
measure,  to  the  unequal  taxation  of  the  people,  and  the 
privileges  enjoyed  in  this  and  other  respects  by  the  aristo- 
cracy and  clergy.  Matters  having  been  brought  to  a  head, 
the  condition  of  affairs  rapidly  went  from  bad  to  worse. 
The  King,  Louis  XVI,  professed,  and  no  doubt  entertained, 
the  best  intentions  for  ameliorating  the  condition  of  the 
people,  though  there  were  others  who  were  averse  from 
all  concessions,  while  on  the  side  of  the  people  there 
were  many  leaders  who  from  various  motives  were  bent 
upon  pushing  matters  to  a  crisis.  The  intrigues  of  the 
democratic  faction  were  prosecuted  with  success.  Men 
and  women  of  the  lowest  class  were  instigated  to  go 
to  Versailles  to  demand  bread.  Riots  ensued.  The  King 
submitted  to  a  demand  that  he  should  return  to  Paris, 


1903 


iS        CONGRESS  TREATY  OF  VIENNA,  1815 

where  in  due  course  he  virtually  became  a  prisoner.  He 
escaped  with  the  royal  family  in  1791,  but  was  recaptured 
at  Varennes  and  taken  back  to  the  capital,  where,  though 
still  ostensibly  King,  he  was  entirely  in  the  hands  of  the 
Assembly.  Some  pourparlers  on  behalf  of  the  King  had 
taken  place  with  certain  Continental  Powers  (Austria, 
Spain,  and  others)  for  military  co-operation  together  with 
a  royalist  army,  with  a  view  to  the  restoration  of  tranquillity 
in  France.  The  original  scheme  did  not  mature,  but  never- 
theless a  coalition  of  the  Powers  against  France  was  effected 
in  1792,  and  the  great  French  War  was  inaugurated  by  the 
invasion  of  France  by  Austrian  and  Prussian  troops.  They 
were  repulsed  by  the  Revolutionary  Armies  :  the  Province 
of  Flanders  was  seized  as  well  as  all  the  Netherland  Pro- 
vinces except  Luxemburg.  Successful  operations  were  also 
conducted  by  the  Revolutionary  General  Custine  in  Ger- 
many. Savoy  was  also  acquired  by  the  French.  In  Sep- 
tember 1792  the  French  Republic  was  proclaimed. 

The  success  of  Custine  in  Germany  encouraged  the 
Assembly  to  aim  at  further  conquests,  but  its  immediate 
attention  was  chiefly  devoted  to  the  process  against  the 
deposed  representative  of  the  House  of  Bourbon.  It  was 
proposed  that  he  should  be  tried  for  his  offences  against 
the  State.  Robespierre  and  others  denied  the  necessity  of 
a  trial,  alleging  that  his  criminality  was  undoubted,  and 
that  immediate  condemnation  was  the  proper  treatment 
for  a  tyrant.  However,  the  Girondist  faction  insisted  on 
a  previous  inquiry,  although  they  admitted  his  guilt. 
Louis  was  accordingly  tried  for  treason  against  the  nation, 
was  condemned  to  death;  and  was  executed  on  January  21, 
1793.  The  Queen  was  beheaded  in  October  of  the  same 
year. 

It  is  easy  to  understand  that  the  desperate  condition  of 
affairs  in  France,  the  anarchy,  the  massacres,  and  the 
outrages  committed  in  the  name  of  Liberty,  Equality,  and 
Fraternity,  alarmed  and  disconcerted  the  monarchs  and 


CONGRESS  TREATY  OF  VIENNA,  1815        19 

governments  of  neighbouring  States,  who  feared  lest  the 
contagion  should  spread  within  their  own  borders.  A 
coalition  of  the  Powers  against  France  was  therefore  not  to 
be  wondered  at.  Great  Britain  concluded  treaties  of 
subsidy  and  alliance  against  France  with  several  of  the 
European  Powers,1  and  hostilities  became  general.  France 
declared  war  against  England  in  1793,  and  with  the  ex- 
ception of  an  interlude  of  peace  of.  one  year  which  followed 
on  the  signature  of  the  Treaty  of  Amiens  in  1802,  the  war 
continued  until  the  year  1814.  Its  character  underwent 
some  change  as  time  went  on.  The  appearance  of  Napoleon 
upon  the  scene,  his  elevation  to  the  post  of  First  Consul 
in  1799  and  to  the  position  of  Emperor  in  1804,  his  con- 
quests and  annexations  of  various  territories,  his  ambition 
to  become  the  arbiter  of  the  affairs  of  Europe,  as  he  was 
certainly  the  disturber  of  its  peace,  resulted  finally  in 
an  alliance  of  the  Powers  against  himself  personally. 
An  invasion  of  France  took  place,  Paris  was  surrendered 
to  the  Allies  on  March  31,  1814,  the  Bourbon  dynasty 
was  restored  in  the  person  of  Louis  XVIII  (Louis  XVII 
had  died  a  prisoner  in  France  in  June  1795,  never  having 
ascended  the  throne),  and  Napoleon  was  deported  to 
the  Island  of  Elba,  where  he  arrived  on  May  4,  1814, 
Louis  having  entered  Paris  on  the  previous  day.  It  was 
then  that  the  '  First  Peace  of  Paris  '  was  negotiated  between 
Louis  XVIII  and  the  Allies. 

This  treaty,  to  which  Great  Britain,  Austria,  Portugal, 
Prussia,  Russia,  Spain,  Sweden,  and  France  were  parties, 
was  signed  at  Paris  on  May  30,  i8i4.2 

The  preamble  to  the  British  version  (as  laid  before 
Parliament)  declared  that  His  Majesty  the  King  of  the 

1  The  subsidy  treaties  are  in  G.  F.  von  Martens,  Nouveau  Rcctieil 
de  Traitis,  vols.  v,  vii,  and  Supplemens,  vol.  v. 

1  Separate  treaties  in  identical  terms  were,  in  fact,  concluded 
between  France  and  each  of  the  above-named  Allied  Powers,  all 
dated  May  30,  1814,  with  the  exception  of  that  with  Spain,  which 
was  dated  July  20.  The  whole,  together,  constitute  '  The  Treaty 
of  Paris ',  and  are  to  be  regarded  as  one  document. 

C  2 


22        CONGRESS  TREATY  OF  VIENNA,  1815 

United  Kingdom  of  Great  Britain  and  Ireland,  and  his 
Allies,  on  the  one  part,  and  His  Majesty  the  King  of  France 
and  of  Navarre,  on  the  other  part,  animated  by  an  equal 
desire  to  terminate  the  long  agitations  of  Europe  and  the 
sufferings  of  mankind,  by  a  permanent  peace,  founded  upon 
a  just  repartition  of  force  between  its  States,  and  containing 
in  its  stipulations  the  pledge  of  its  durability,  &c.,  had 
named  Plenipotentiaries  to  sign  a  treaty  of  peace  and 
amity.  The  British  Plenipotentiaries  were  Lord  Castle- 
reagh,  Lord  Aberdeen,  Lord  Cathcart,  and  Sir  Charles 
Stewart,  all  of  whom,  with  the  French  Plenipotentiary, 
the  Prince  de  B£neVent,  signed  the  British  copy  of  the 
treaty.1 

Article  I  contained  the  usual  peace  and  friendship  stipu- 
lation. Article  II  declared  that  the  limits  of  France  (with 
certain  modifications)  should  be  the  same  as  they  existed 
on  January  i,  1792.  Article  III  particularized  these  limits 
as  modified.  Article  IV  dealt  with  the  road  connecting 
Geneva  with  other  parts  of  Swiss  territory.  Article  V 
stipulated  for  the  free  navigation  of  the  Rhine.  Article  VI 
provided  for  an  increase  of  territory  for  Holland,  for  the 
independence  of  the  States  of  Germany  and  the  Government 
of  Switzerland  and  Italy.  Article  VII  declared  that  Malta 
should  belong  in  full  sovereignty  to  His  Britannic  Majesty. 
Articles  VIII  to  XI  provided  for  the  restoration  of  certain 
colonies  to  France,  and  the  cession  of  others  to  Great 
Britain,  &c.  By  Article  XII  Great  Britain  guaranteed 
most  favoured  nation  treatment  in  India  to  French  subjects 
and  commerce,  and  France  undertook  to  erect  no  fortifi- 
cations on  her  possessions  on  the  continent  of  India. 
Article  XIII  replaced  French  fishery  rights  in  Newfound- 
land on  the  footing  of  1792.  Article  XV  dealt  with  the 
disposal  of  the  arsenals  and  ships  of  war,  &c.,  found  in  the 
ports  of  the  territories  to  be  evacuated  by  France,  and 
further  declared  Antwerp  to  be  solely  a  commercial  port. 
1  Stale  Papers,  vol.  i,  p.  151. 


24        CONGRESS  TREATY  OF  VIENNA,  1815 

Article  XVI  secured  the  non-molestation  of  individuals  for 
action  taken  during  the  war,  and  Article  XVII  provided 
that  inhabitants  of  ceded  territories  should  be  at  liberty, 
if  they  thought  fit,  to  retire  to  other  countries  within  a 
period  of  six  years.  By  Article  XVIII  the  Allied  Govern- 
ments renounced  all  pecuniary  claims  on  France  against 
a  similar  renunciation  by  France.  By  Article  XIX  France 
undertook  to  liquidate  all  debts  owing  by  her  beyond  her 
own  territories,  and  Article  XX  provided  for  the  execution 
by  commissioners  of  the  stipulations  of  the  two  preceding 
Articles.  Articles  XXI  to  XXXI  had  reference  to  debts, 
claims  of  individuals,  Caisses  d'Amortissement,  pensions, 
abolition  of  the  Droits  d'Aubaine,  restoration  of  documents 
belonging  to  ceded  countries,  &c. 

Article  XXXII  ran  as  follows  :  '  All  the  Powers  engaged 
on  either  side  in  the  present  war  shall,  within  the  space 
of  two  months,  send  Plenipotentiaries  to  Vienna  for  the 
purpose  of  regulating,  in  General  Congress,  the  arrange- 
ments which  are  to  complete  the  provisions  of  the  present 
Treaty.' 

Article  XXXIII  contained  the  usual  ratification  clause. 

Such  was  the  purport  of  the  treaty  known  as  the  First 
Peace  of  Paris,  to  which  were  added  some  additional  and 
secret  articles  touching  the  Austrian  possessions  in  Italy, 
the  territories  of  Sardinia,  the  organization  of  Switzerland, 
the  acquisition  of  territory  by  Holland,  the  abolition  of 
the  slave  trade,1  prisoners  of  war,  claims,  the  Duchy  of 
Warsaw,  and  kindred  subjects. 

1  The  additional  Article  on  the  subject  of  the  slave  trade  runs 
as  follows :  '  His  Most  Christian  Majesty  concurring  without 
reserve  in  the  sentiments  of  His  Britannic  Majesty  with  respect  to 
a  description  of  traffic  repugnant  to  the  principles  of  natural  justice 
and  of  the  enlightened  age  in  which  we  live,  engages  to  unite  all  his 
efforts  to  those  of  His  Britannic  Majesty  at  the  approaching  Congress 
to  induce  all  the  powers  of  Christendom  to  decree  the  abolition  of 
the  Slave  Trade,  so  that  the  said  trade  shall  cease  universally,  as 
it  shall  cease  definitively,  under  any  circumstances,  on  the  part  of 
the  French  Government  in  the  course  of  five  years  ;  and  that  during 
the  said  period  no  Slave  Merchant  shall  import  or  sell  Slaves  except 


CONGRESS  TREATY  OF  VIENNA,  1815        25 

The  Prince  Regent  of  Great  Britain,  in  his  speech  closing 
Parliament  on  July  30,  I8I4,1  said  : 

I  have  the  satisfaction  of  contemplating  the  full  accom- 
plishment of  all  those  objects  for  which  the  war  was  either 
undertaken  or  continued  ;  and  the  unexampled  exertions 
of  this  country,  combined  with  those  of  His  Majesty's 
Allies,  have  succeeded  in  effecting  the  deliverance  of 
Europe  from  the  most  galling  and  oppressive  tyranny 
under  which  it  has  ever  laboured.  The  restoration  of  so 
many  of  the  ancient  and  legitimate  Governments  of  the 
Continent  affords  the  best  prospect  of  the  permanence  of 
that  Peace  which,  in  conjunction  with  His  Majesty's  Allies, 
I  have  concluded  :  and  you  may  rely  on  my  efforts  being 
directed  at  the  approaching  Congress  to  complete  the  settle- 
ment of  Europe  which  has  been  already  so  auspiciously 
begun  ;  and  to  promote,  upon  principles  of  justice  and 
impartiality,  all  those  measures  which  may  appear  best 
calculated  to  secure  the  tranquillity  and  happiness  of  all 
the  nations  engaged  in  the  late  war. 

The  General  Congress  stipulated  for  in  Article  XXXII 
of  the  Treaty  of  Paris  quoted  above  met  accordingly  at 
Vienna  in  September  1814,  and  concluded  its  labours  on 
June  19, 1815,  the  General  Treaty  resulting  therefrom  being 
dated  June  9,  1815.  The  British  Plenipotentiaries  were 
Lord  Castlereagh,  the  Duke  of  Wellington,  Lords  Clancarty, 
Cathcart,  and  Stewart.  Only  the  three  latter  signed  the 
Treaty  on  behalf  of  Great  Britain,  the  two  former  having 
been  previously  recalled  from  Vienna,  the  Duke  of  Welling- 
ton in  order  to  take  command  of  the  army  in  the  Nether- 
lands to  oppose  Napoleon,  who  having  escaped  from  Elba 
in  March,  was  once  more  entering  upon  an  armed  resistance 
to  the  Allies.  The  '  Hundred  Days  '  culminated  in  Napo- 
leon's defeat  at  Waterloo  on  June  18, 1815,  and  his  eventual 
deportation  to  St.  Helena  as  a  prisoner,  where  he  died  in 

in  the  Colonies  of  the  State  of  which  he  is  a  subject.'    See  also  De- 
claration of  February  8,  1815  (Annex  XV  to  the  Congress  Treaty  of 
Vienna),  Slate  Papers,  vol.  iii,  p.  971.    See  also  Resolutions  signed 
at  Verona,  November  28,  1822,  State  Papers,  vol.  x,  p.  109. 
1  Slate  Papers,  vol.  i,  p.  n. 


26       CONGRESS  TREATY  OF  VIENNA,  1815 

1821.  Meanwhile,  the  Treaty  of  the  Congress  of  Vienna1 
was  signed  by  the  Plenipotentiaries  then  remaining  at 
Vienna,  and  Louis  XVIII,  reinstated  on  the  throne,  re- 
turned to  Paris. 

The  Congress  Treaty  (generally  known  as  the  Final  Act 
of  the  Vienna  Congress)  dealt  with  many  matters  concerned 
with  the  '  just  repartition  of  force  amongst  the  States  of 
Europe  '  alluded  to  in  the  Preamble  of  the  Treaty  of  Paris 
of  May  30,  1814.  Some  of  these  matters  were  not  specific- 
ally treated  of  in  the  last-named  treaty,  but  constituted 
the  '  arrangements  which  were  to  complete  '  its  provisions. 
The  Powers  represented  at  the  Vienna  Congress  were  Great 
Britain,  Austria,  France,  Portugal,  Prussia,  Russia,  Spain, 
and  Sweden.  Spain  did  not  sign  the  treaty,  but  she  acceded 
to  it  by  an  Act  dated  June  7,  1817. 

The  Congress  Treaty  was  accompanied  by  seventeen 
annexes  which  really  formed  part  of  the  principal  treaty. 
An  epitome  of  them,  indicating  their  nature  and  contents, 
will  be  found  at  the  end  of  the  treaty  (page  95).  Some  of 
them  are  embodied  verbatim  or  in  substance  in  the  treaty. 
They  are  enumerated  in  Article  CXVIII. 

The  task  virtually  imposed  upon  the  Powers  assembled 
in  Congress  at  Vienna,  in  pursuance  of  the  provisions  of  the 
First  Peace  of  Paris,  was  the  reconstruction  of  Europe  with 
a  view  mainly  to  the  re-establishment  of  the  '  Balance 
of  Power  '  which,  in  so  far  as  it  had  ever  existed,  had  been 
overthrown  by  the  Napoleonic  wars.  In  the  elaboration 
of  this  idea  it  was  inevitable  that  due  weight  should  be  given 
to  considerations  of  expediency  and  compromise.  The 
Congress  had,  in  fact,  to  reconstruct  a  Continent  which 
had  undergone  many  changes  during  a  period  of  twenty 
years.  In  the  process  of  reconstruction  the  principle  of 
legitimism  was  adopted  by  the  Congress,  and  this  served 
to  eliminate  certain  discordant  elements.  Still  Poland 
and  Saxony  and  German  nationalism  continued  to  present 
1  State  Papers,  vol.  ii,  p.  3. 


CONGRESS  TREATY  OF  VIENNA,  1815        27 

difficulties.  Russia  sought  compensation  in  Poland  in 
return  for  her  sacrifices ;  Prussia  looked  for  compensa- 
tion from  Saxony  ;  Austria,  on  the  other  hand,  was  dis- 
inclined to  concede  to  Prussia  too  great  a  preponderance 
in  Germany ;  while  England  and  France  were  jealous  of 
the  aggrandizement  of  Russia.  In  the  end  a  compromise 
was  effected,  each  party  relinquishing  a  portion  of  its  claims. 

The  doctrine  of  expediency  and  compromise  is  further 
illustrated  by  Article  I  of  the  Congress  Treaty,  which  deals 
with  Poland,  and  was  said  to  have  emanated  directly  from 
the  Emperor  Alexander  I  of  Russia.  In  a  correspondence 
between  Great  Britain  and  Russia  in  1863,  on  the  existing 
rebellion  in  Poland  and  the  failure  of  Russia  to  carry  out 
the  promised  reforms  in  that  country,  there  appears  a 
dispatch  from  Earl  Russell  to  the  British  Ambassador  at 
the  Court  of  the  Tsar  alluding  to  the  course  adopted  at  the 
Congress  in  the  matter.  '  In  1815,'  his  Lordship  wrote, 
'  Great  Britain,  Austria,  France,  and  Prussia  would  have 
preferred  to  the  arrangement  finally  made,  a  restoration  of 
the  ancient  Kingdom  of  Poland  as  it  existed  prior  to  the 
first  partition  of  1772,  or  even  the  establishment  of  a  new 
independent  Kingdom  of  Poland,  with  the  same  limits  as 
the  present  Kingdom.  The  great  army  which  the  Emperor 
Alexander  then  had  in  Poland,  the  important  services 
which  Russia  had  rendered  to  the  Alliance,  and,  above  all, 
a  fear  of  the  renewal  of  war  in  Europe,  combined  to  make 
Great  Britain,  Austria,  and  Prussia  accept  the  arrangement 
proposed  by  the  Emperor  Alexander,  although  it  was,  in 
their  eyes,  of  the  three  arrangements  in  contemplation 
the  one  least  likely  to  produce  permanent  peace  and 
security  in  Europe.' l 

The  fear  of  a  renewal  of  war  was  by  no  means  unwar- 
ranted.   The  conflicting  interests  of  the  principal  Powers 
manifested  themselves  in  the  preliminary  discussions  which 
took  place  prior  to  the  meeting  of  the  full  Congress. 
1  State  Papers,  vol.  liii,  p.  914. 


28        CONGRESS  TREATY  OF  VIENNA,  1815 

The  four  Powers,  Great  Britain,  Austria,  Prussia,  and 
Russia,  had,  prior  to  the  negotiation  of  the  Peace  of  Paris 
of  1814,  come  to  an  agreement  regarding  certain  points 
connected  with  the  reconstruction  of  Europe,  but  regarding 
others,  e.  g.  Poland,  Prussia,  and  Saxony,  their  views  were 
antagonistic.  This  seems  to  have  been  the  reason  for  the 
course  then  adopted,  namely  to  confine  the  negotiations 
at  Paris  to  matters  in  which  France  was  more  particularly 
concerned,  and  to  which  she  must  agree  in  advance,  rele- 
gating to  a  future  Congress  the  consideration  of  those  which 
promised  to  give  rise  to  controversy.  They  could  not 
exclude  France  from  all  participation  in  the  Congress,  but 
they  sought  to  contrive  a  state  of  things  under  which  the 
French  Plenipotentiary  should  proceed  to  Vienna  with  his 
pen  and  the  seal  of  his  arms  ready  to  affix  his  signature  at 
the  foot  of  an  agreement  already  elaborated  by  the  four 
Powers  before  his  arrival. 

Preliminary  conferences  took  place  at  Vienna,  to  which 
Talleyrand,  overcoming  the  opposition  of  the  '  Allies ', 
succeeded  in  gaining  admittance  ;  but  much  difficulty  was 
experienced  in  relation  to  Poland.  The  Emperor  Alexander 
offered  Saxony  to  Prussia,  Venice  to  Austria,  but  was  for 
a  long  time  obstinate  on  the  subject  of  Poland,  intimating 
on  one  occasion  that  he  had  200,000  men  in  the  Duchy  of 
Warsaw,  and  inviting  the  Powers  to  turn  him  out.  The 
date  for  the  meeting  of  the  plenary  Congress  was  again  and 
again  postponed.  People  became  anxious,  asking  whether 
Europe  was  about  to  recommence  a  war  for  the  division 
of  the  spoils  of  Napoleon.  In  this  state  of  affairs  it  was 
agreed  (October  30,  1814)  that  although  questions  of 
importance  were  still  pending,  there  was  nothing  to  prevent 
the  verification  of  the  Full  Powers  of  the  Plenipotentiaries 
being  entered  on  at  once.  This  was  done,  and  committees 
were  appointed  for  the  consideration  of  the  less  contro- 
versial of  the  subjects  under  discussion,  one  of  them  for 
German  affairs  in  which  Austria,  Prussia,  Bavaria,  Hanover, 


CONGRESS  TREATY  OF  VIENNA,  1815        29 

and  Wurtemberg  were  represented,  and  another  for  the 
affairs  of  Switzerland  in  which  Great  Britain,  Austria, 
Prussia,  and  Russia  took  part. 

The  Congress  met  to  arrange  for  the  verification  of  the 
Full  Powers  on  October  30,  iSi.4.1 

In  the  meantime  the  Emperor  Alexander  had  receded 
somewhat  from  the  position  previously  taken  up  by  him, 
partly  owing  to  the  tenacity-of  Prussia,  who  argued  that 
she  had  been  promised  not  only  reinstatement  but  an 
augmentation  of  territory.  She  suggested  that  Saxony 
might,  for  instance,  be  transferred  to  a  portion  of  the 
vacant  country  on  the  left  bank  of  the  Rhine,  with  Bonn 
as  the  capital  and  the  Moselle  as  the  boundary,  whilst  she, 
Prussia,  should  take  the  territory  bordering  on  the  French 
frontier.  Alexander,  not  seeing  his  way  to  the  acquisition 
of  the  whole  of  the  Duchy  of  Warsaw,  and  becoming  aware 
that  he  must  give  up  his  demand  for  the  cession  of  Galicia 
by  Austria,  modified  his  views  rather  than  risk  a  renewal 
of  war.  He  agreed  that  Prussia  should  take  part  of  Saxony 
and  the  province  of  Posen,  giving  up  her  share  of  the  par- 
tition of  1795,  namely  Warsaw.  England  and  Austria 
being  disposed  to  countenance  the  plan,  negotiations  were 
entered  into  on  this  basis. 

It  is  therefore  apparent  that  although  the  Powers 
assembled  in  Congress  were  not  on  the  whole  unmindful 
of  the  general  interests  of  Europe,  some  of  them  were 
nevertheless  keenly  alive  to  their  own  particular  interests 
which  they  pressed  to  the  verge  of  war.  These  conflicting 
interests  had  a  depressing  effect  on  the  Congress,  and  the 
progress  made  was  very  slow.  The  Peace  between  Great 
Britain  and  the  United  States,2  however,  tended  to  increase 
the  weight  of  British  influence  in  the  Congress,  inasmuch 
as  she  was  thereby  enabled  to  avail  herself  of  the  whole  of 
her  military  resources.  The  news  of  this  Peace  having 

1  State  Papers,  vol.  ii,  p.  563. 

*  Signed  at  Ghent,  December  24,  1814;  State  Papers,  vol.  ii,  p.  357. 


30        CONGRESS  TREATY  OF  VIENNA,   1815 

reached  Lord  Castlereagh  at  Vienna  on  January  i,  1815, 
Talleyrand,  the  French  Plenipotentiary,  concerted  with 
him  with  a  view  to  common  action,  with  the  result  that 
on  January  3  a  Treaty  of  Defensive  Alliance  was  concluded 
between  Great  Britain,  France,  and  Austria,1  wherein  the 
contracting  parties  reciprocally  engaged  to  act  in  concert, 
with  perfect  impartiality  and  in  complete  good  faith,  to 
ensure  that  in  execution  of  the  Treaty  of  Paris  the  arrange- 
ments for  completing  its  provisions  be  effected  in  a  manner 
most  conformable  to  the  true  spirit  of  that  treaty.  It  went 
on  to  declare  that  if,  in  carrying  out  their  policy  thus  indi- 
cated, an  attack  should  be  made  on  the  possessions  of  one 
of  the  parties,  the  others,  failing  to  effect  an  amicable  inter- 
vention, would  come  to  the  assistance  of  the  one  attacked 
with  all  their  available  forces.  Other  stipulations  of  detail 
followed.  The  effect  of  this  treaty  was  at  once  apparent, 
and  all  danger  of  war  immediately  vanished.  In  the  course 
of  February  the  Congress  agreed  to  the  re-establishment 
of  the  King  of  Saxony  on  his  throne,  this  monarch  at  the 
same  time  renouncing  all  claim  to  the  Duchy  of  Warsaw, 
and  ceding  a  part  of  his  kingdom  to  Prussia.  The  Congress 
also  agreed  to  the  retention  by  Austria  of  the  portion 
of  Eastern  Galicia  ceded  to  Warsaw  in  1809  :  to  the 
surrender  by  Prussia  of  parts  of  Poland  while  retaining 
the  Grand  Duchy  of  Posen,  and  receiving  Swedish  Pome- 
rania,  a  portion  of  Saxony,  the  Rhine  provinces,  and  terri- 
tories on  the  right  bank  of  the  Rhine  :  and  to  the  constitu- 
tion of  Poland  as  a  kingdom  under  the  sceptre  of  the  Emperor 
of  Russia.  Thus  the  most  difficult  of  the  questions  at  issue 
were  solved. 

On  Napoleon's  return  to  France,  Murat,  King  of  Naples, 
failing  to  rouse  the  Italians,  was  defeated  by  the  Austrians  : 
Naples  surrendered  and  Murat  fled :  Ferdinand  was 
recalled  as  King  of  the  Two  Sicilies,  and  was  recognized  by 
the  Vienna  Congress.  The  task  of  settling  the  affairs  of 
1  State  Papers,  vol.  ii,  p.  1001. 


CONGRESS  TREATY  OF  VIENNA,  1815        31 

Italy  became  comparatively  easy.  Venice  and  Lombardy 
were  left  with  Austria,  the  Legations  restored  to  the  Pope, 
the  duchies  to  Austrian  archdukes,  Parma  going  to  Marie 
Louise  of  Austria,  Napoleon's  wife. 

The  French  colonial  possessions  were  dealt  with  in  the 
Treaty  of  Paris  of  May  30,  1814,  under  which  some  were 
restored,  and  others  retained  by  Great  Britain.  The  resto- 
ration of  the  Dutch  colonies  captured  by  Great  Britain, 
with  the  exception  of  the  Cape  of  Good  Hope  and  Demarara, 
&c.,  was  arranged  for  in  the  Convention  between  Great 
Britain  and  the  Netherlands  of  August  13,  I8I4.1  These 
questions  were  settled  independently  of  the  Vienna  Con- 
gress. The  Constitution  of  the  Germanic  Confederation 
was  primarily  settled  by  a  committee  of  German  repre- 
sentatives appointed  by  the  Congress  and  was  embodied 
in  the  Congress  Treaty,  to  which  the  Constitution  was  itself 
attached  as  Annex  IX.2 

The  Treaty  of  Paris,  1814  (Article  V),  in  stipulating  for  the 
free  navigation  of  the  Rhine,  committed  to  the  future  Con- 
gress the  consideration  of  the  details  for  giving  effect  to  that 
stipulation,  as  well  as  its  extension  to  other  international 
rivers.  Articles  CVIII  to  CXVII  of  the  Congress  Treaty 
therefore  laid  down  the  principles  which  should  regulate 
international  rivers,  viz.  freedom  of  navigation  to  every  one 
throughout  the  entire  navigable  course,  subject  to  police 
regulations:  uniform  system  of  collecting  duties  and  regula- 
tion of  tariff  with  a  view  to  the  encouragement  of  trade  and 
navigation  :  repairs  of  towing-paths  by  each  riverain  state  ; 
no  port  or  forced  harbour  dues  :  general  arrangement  to  be 
come  to.  This  arrangement  is  embodied  in  the  Regulations 
of  March  i8i5.3 

The  article  touching  the  abolition  of  the  slave  trade  was 

1  State  Papers,  vol.  ii,  p.  370. 

*  The  Treaty  of  Paris,  1814  (Article  VI),  declared  that  theStates  of 
Germany  should  be  independent,  and  united  by  a  Federative  Bond. 

*  See  Regulations,  March  1815.    These  form  Annex  XVI  to  tho 
Congress  Treaty.    State  Papers,  vol.  ii,  p.  162. 


32        CONGRESS  TREATY  OF  VIENNA,  1815 

introduced  into  the  Treaty  of  Paris  at  the  instance  of  Great 
Britain,  and  it  formed  Article  I  of  the  additional  articles 
between  Great  Britain  and  France.1  In  it  the  French  King 
engaged  '  to  unite  all  his  efforts  to  those  of  His  Britannic 
Majesty,  at  the  approaching  Congress,  to  induce  all  the 
Powers  of  Christendom  to  decree  the  abolition  of  the  Slave 
Trade ',  &c. 

A  good  deal  of  correspondence  passed  between  the  Powers 
both  at  Paris  and  subsequently  at  Vienna  on  this  subject. 
There  was  much  opposition  in  France  and  in  the  French 
Chambers  to  the  abolition  of  the  traffic,  although  the 
Government  expressed  themselves  anxious  to  do  their 
utmost  to  accomplish  it.  With  Spain  matters  were  more 
difficult,  as  it  was  deemed  that  the  abolition  would  result 
in  the  ruin  of  the  Spanish  colonies  :  the  King,  however, 
promised  to  consider  what  could  be  done  consistently  with 
the  requirements  of  these  possessions.  Portugal  engaged 
to  take  steps  for  the  gradual  extinction  of  the  trade  and 
its  immediate  limitation  to  certain  localities.  At  Vienna 
Lord  Castlereagh  had  audience  of  the  Emperors  of  Russia 
and  Austria  and  the  King  of  Prussia,  all  of  whom  undertook 
to  use  their  influence  to  bring  about  the  abolition  of  the 
trade.  The  question  was  debated  in  Congress  on  the  i6th, 
20th,  and  28th  January,  and  the  4th  and  8th  February, 
1815,  the  Plenipotentiaries  of  all  the  eight  Powers  being 
present.2  The  desirability  of  the  abolition  of  the  slave 
trade  was  unanimously  agreed  to  '  in  principle  '.  The  time 
for  its  total  abolition  remained  in  dispute.  Great  Britain 
hinted  at  the  possibility  of  the  exclusion  from  her  ports 
of  the  produce  of  slave  labour  until  the  discontinuance  of 
the  traffic ;  Spain  and  Portugal  foreshadowed  a  resort  to 
reprisals  in  such  an  eventuality.  A  compromise  was  finally 
effected,  and  a  Declaration  was  signed  on  February  8  to 
the  effect  that  the  Powers,  whilst  sincerely  desirous  of 

1  State  Papers,  vol.  ii,  p.  172. 
8  Ibid.,  vol.  iii,  p.  949. 


CONGRESS  TREATY  OF  VIENNA,    1815        33 

putting  a  stop  as  soon  as  possible  to  the  traffic  in  slaves, 
recognized  that  this  general  declaration  could  not  lay  down 
beforehand  the  exact  period  which  each  particular  Power 
might  judge  to  be  the  most  convenient  for  its  definitive 
cessation  :  therefore  the  fixing  of  that  period  must  be  the 
subject  of  negotiations  between  the  several  Powers.1  This 
Declaration  was  attached  to  the  Congress  Treaty  as 
Annex  XV. 

The  slave  trade  question  was  further  developed  at  the 
Congress  of  Verona  in  i823.2 

These  various  matters  were  settled  by  the  Plenipoten- 
tiaries in  Congress  to  the  best  of  their  abilities,  and  they 
constituted  the  best  available  arrangement  for  ensuring 
the  Balance  of  Power  and  the  permanency  of  the  Peace. 
The  territorial  distribution  was  not  destined  nor  probably 
expected  to  be  durable  for  all  time,  but  much  of  it  lasted 
for  more  than  a  generation.  In  1830  the  blending  of  Holland 
and  Belgium  proved  a  failure,  and  by  the  Treaties  of  1831 
and  1839  the  connexion  between  the  two  was  severed.  In 
1859  the  Balance  of  Power  was  disturbed,  and  Lombardy 
and  the  duchies  were  wrested  from  Austria  and  added  to 
the  Sardinian  Crown,  which  also  acquired  Sicily  a  little 
later  on  and  the  Papal  territories.  In  1864  Denmark  was 
dismembered  and  the  Elbe  duchies  seized  by  Austria  and 
Prussia.  In  1866  the  Germanic  Confederation  was  abolished 
and  the  North  German  Confederation  (to  the  exclusion  of 
Austria)  was  set  up  in  its  place,  while  Austria  was  further 
deprived  of  the  Lombardo- Venetian  kingdom,  which  was 
added  to  Sardinia.  Sardinia  then  became  the  Kingdom  of 
Italy.  In  1870  the  Balance  of  Power  was  further  disturbed, 
and  the  German  States  (again  to  the  exclusion  of  Austria) 
formed  themselves  into  a  German  Empire,  and  destroyed 
the  pre-existing  boundaries  of  France  by  the  annexation 


•  State  Papers,  vol.  iii,  p.  971. 

*  Ibid.,  vol.  x,  pp.  89-110. 
1903 


34        CONGRESS  TREATY  OF  VIENNA,  1815 

of  Alsace  and  Lorraine.  In  1905  the  union  between  Sweden 
and  Norway  was  dissolved. 

To  this  extent  the  arrangements  elaborated  at  the  Vienna 
Congress  have  in  the  course  of  years  had  to  give  way  to 
popular  or  autocratic  pressure  which  could  probably  not 
have  been  foreseen  or  usefully  counteracted  at  the  time. 

It  was  perhaps  with  a  view  to  strengthening  the  work  of 
the  Congress  that  the  sovereigns  of  Austria,  Prussia,  and 
Russia  on  September  26,  1815,  concluded  at  Paris  the 
treaty  commonly  called  the  '  Holy  Alliance  '.* 

In  this  somewhat  unusual  document  it  was  intimated  as 
a  preliminary  statement  that 

Their  Majesties  the  Emperor  of  Austria,  the  King  of 
Prussia,  and  the  Emperor  of  Russia  having,  in  conse- 
quence of  the  great  events  which  have  occurred  in  the 
course  of  the  three  last  years  in  Europe,  and  especially 
of  the  blessings  which  it  has  pleased  Divine  Providence 
to  shower  down  upon  those  States  which  place  their  con- 
fidence and  their  hope  on  it  alone,  acquired  the  intimate 
conviction  of  the  necessity  of  settling  the  steps  to  be 
observed  by  the  Powers,  in  their  reciprocal  relations, 
upon  the  sublime  truths  which  the  Holy  Religion  of  our 
Saviour  teaches  ;  They  solemnly  declare  that  the  present 
Act  has  no  other  object  than  to  publish  in  the  face  of 
the  whole  world  their  fixed  resolution,  both  in  the 
administration  of  their  respective  States  and  in  their 
political  relations  with  every  other  Government,  to  take 
for  their  sole  guide  the  precepts  of  that  Holy  Religion, 
namely  the  precepts  of  Justice,  Christian  Charity  and 
Peace,  which  far  from  being  applicable  only  to  private 
concerns  must  have  an  immediate  influence  on  the 
Councils  of  Princes  and  guide  all  their  steps  as  being  the 
only  means  of  consolidating  human  institutions  and 
remedying  their  imperfections.  In  consequence  Their 
Majesties  have  agreed  upon  the  following  articles.2 

Article  I  declared  that 

Conformably  to  the  words  of  the  Holy  Scriptures  which 
command  all  men  to  consider  each  other  as  brethren,  the 

1  State  Papers,  vol.  iii,  p.  211.  l  Ibid. 


CONGRESS  TREATY  OF  VIENNA,  1815        35 

three  contracting  Monarchs  will  remain  united  by  the 
bonds  of  a  true  and  indissoluble  fraternity,  and  consider- 
ing each  other  as  fellow  countrymen,  they  will  on  all 
occasions  and  in  all  places  lend  each  other  aid  and  assis- 
tance ;  and  regarding  themselves  towards  their  subjects 
and  armies  as  fathers  of  families,  they  will  lead  them  in 
the  same  spirit  of  fraternity  with  which  they  are  ani- 
mated, to  protect  Religion,  Peace  and  Justice. 

Article  II  says  : 

In  consequence,  the  sole  principle  of  force,  whether 
between  the  said  Governments  or  between  their  subjects, 
shall  be  that  of  doing  each  other  reciprocal  service,  and 
of  testifying  by  unalterable  goodwill  the  mutual  affec- 
tion with  which  they  ought  to  be  animated,  to  consider 
themselves  all  as  members  of  one  and  the  same  Christian 
nation ;  the  three  allied  Princes  looking  on  themselves 
as  merely  delegated  by  Providence  to  govern  three 
branches  of  the  One  family,  namely  Austria,  Prussia 
and  Russia,  thus  confessing  that  the  Christian  world  of 
which  they  and  their  people  form  a  part  has  in  reality 
no  other  Sovereign  than  Him  to  whom  alone  power  really 
belongs.  .  .  .Their  Majesties  consequently  recommend  to 
their  people,  with  the  most  tender  solicitude,  as  the  sole 
means  of  enjoying  that  peace  which  arises  from  a  good 
conscience,  and  which  alone  is  durable,  to  strengthen 
themselves  every  day  more  and  more  in  the  principles 
and  exercise  of  the  duties  which  the  Divine  Saviour  has 
taught  to  mankind. 

Article  III,  and  last,  invited  all  the  Powers  who  avowed 
the  sacred  principles  indicated  to  join  in  this  Holy  Alliance. 

It  is  stated  in  Martens'  Recueil  de  Traites  l  that  the 
greater  part  of  the  Christian  Powers  acceded  to  this  treaty. 
France  acceded  to  it  in  1815  ;  the  Netherlands  and  Wur- 
temberg  did  so  in  1816  ;  and  Saxony,  Switzerland,  and 
the  Hanse  Towns  in  1817.  But  neither  the  Pope  nor  the 
Sultan  were  invited  to  accede.2 

1  See  Note  on  p.  319  of  Hertslct's  Map  of  Europe  by  Treaty. 
1  In  view  of  the  frequent  references  to  Christianity  in  the  treaty, 
the  exclusion  of  the  Sultan  is  less  surprising  than  that  of  the  Pope 

D  2 


36        CONGRESS  TREATY  OF  VIENNA,  1815 

The  accession  of  Great  Britain  to  the  Holy  Alliance  was 
invited  by  the  signatories  in  a  royal  letter  to  the  Prince 
Regent  in  which  the  object  of  the  compact  was  again  set 
forth,  and  a  copy  of  the  treaty  enclosed.  The  Prince  Regent 
replied  in  a  similar  letter  to  the  three  Sovereigns,  in  which 
His  Royal  Highness  stated  his  entire  concurrence  in  the 
principles  they  had  laid  down  of  making  the  Divine  Pre- 
cepts of  the  Christian  religion  the  invariable  rule  of  their 
conduct,  maxims  which  he  would  himself  endeavour  to 
practice,  whilst  co-operating  with  his  august  allies  in  all 
measures  which  might  be  likely  to  contribute  to  the 
peace  and  happiness  of  mankind  ;  but  His  Royal  High- 
ness intimated  that  the  forms  of  the  British  Constitu- 
tion precluded  him  from  acceding  formally  to  the  treaty 
in  the  shape  in  which  it  had  been  presented  to  him.1 
This  did  not  of  course  constitute  an  accession  to  the 
treaty. 

It  was  mainly  on  the  strength  of  the  Holy  Alliance  that 
the  three  monarchs  met  in  Conference  at  Troppau  and  at 
Laibach  in  1820  and  1821,  when  they  decided  to  intervene 
forcibly  for  the  suppression  of  the  revolution  then  con- 
vulsing Naples.  Great  Britain  stood  aloof  from  these  pro- 
ceedings and  withheld  its  approval,  on  the  principle  of  non- 
intervention in  the  internal  affairs  of  a  foreign  country 
unless  under  special  circumstances  threatening  the  safety 
of  the  intervenor. 

The  stipulations  of  the  Act  of  Vienna  and  of  the  First 
Peace  of  Paris  were  modified  by  the  Treaty  of  November  20, 
1815,  known  as  the  Second  Peace  of  Paris,2  necessitated  by 
the  Napoleonic  adventure  of  the  Hundred  Days.  It  was 
therein  declared  that  the  boundaries  of  France  should  be 
the  same  as  in  1790  *  with  certain  modifications.  France 
was  thus  mulcted  in  certain  small  portions  of  territory. 


1  State  Papers,  vol.  iii,  p.  212.  *  Ibid.,  p.  280. 

*  Instead  of  1792  as  stipulated  in  the  First  Peace  of  Paris. 


CONGRESS  TREATY  OF  VIENNA,  1815        37 

She  was  also  condemned  to  a  payment  of  700,000,000  francs, 
the  territory  and  the  money  together  constituting  a  war 
indemnity. 

GENERAL  TREATY  BETWEEN  GREAT  BRITAIN,  AUSTRIA, 
FRANCE,  PORTUGAL,  PRUSSIA,  RUSSIA,  SPAIN,  AND 
SWEDEN. — Signed  at  Vienna,  gth  June,  I8I5.1 

English  Version  as  presented  to  Parliament. 

In  the  Name  of  the  Most  Holy  and  Undivided  Trinity. 

The  Powers  who  signed  the  Treaty  concluded  at  Paris  on 
the  30th  of  May,  1814,  having  assembled  at  Vienna,  in 
pursuance  of  Article  XXXII  of  that  Act,  with  the  Princes 
and  States  their  Allies,  to  complete  the  provisions  of  the 
said  Treaty,  and  to  add  to  them  the  arrangements  rendered 
necessary  by  the  state  in  which  Europe  was  left  at  the 
termination  of  the  last  war ;  being  now  desirous  to  embrace, 
in  one  common  transaction,  the  various  results  of  their 
negotiations,  for  the  purpose  of  confirming  them  by  their 
reciprocal  Ratifications,  have*  authorised  their  Plenipoten- 
tiaries to  unite,  in  a  general  Instrument,  the  regulations  of 
superior  and  permanent  interest,  and  to  join  to  that  Act, 
as  integral  parts  of  the  arrangements  of  Congress,  the 
Treaties,  Conventions,  Declarations,  Regulations,  and  other 
particular  Acts,  as  cited  in  the  present  Treaty.  And  the 
above-mentioned  Powers  having  appointed  Plenipoten- 
tiaries to  the  Congress,  that  is  to  say  : — 

[Here  follow  the  names  of  the  Plenipotentiaries.] 

Such  of  the  above  Plenipotentiaries  as  have  assisted  at 
the  close  of  the  negotiations,  after  having  produced  their 
full  powers,  found  in  good  and  due  form,  have  agreed  to 
place  in  the  said  general  Instrument  the  following  Articles, 
and  to  affix  to  them  their  signatures  : — 

Arrangements  respecting  the  ancient  Duchy  of  Warsaw. 

ARTICLE  I.  The  Duchy  of  Warsaw,  with  the  exception 
of  the  provinces  and  districts  which  are  otherwise  disposed 
of  by  the  following  Articles,  is  united  to  the  Russian 
Empire.  It  shall  be  irrevocably  attached  to  it  by  its  Con- 
stitution, and  be  possessed  by  His  Majesty  the  Emperor  of 

1  The  original  French  version  is  in  State  Papers,  vol.  ii,  p.  3. 


38        CONGRESS  TREATY  OF  VIENNA,  1815 

all  the  Russias,  his  heirs  and  successors  in  perpetuity.  His 
Imperial  Majesty  reserves  to  himself  to  give  to  this  State, 
enjoying  a  distinct  administration,  the  interior  improve- 
ment which  he  shall  judge  proper.  He  shall  assume  with 
his  other  titles  that  of  Czar,  King  of  Poland,  agreeably  to 
the  form  established  for  the  titles  attached  to  his  other 
possessions. 

The  Poles,  who  are  respective  subjects  of  Russia,  Austria, 
and  Prussia,  shall  obtain  a  Representation  and  National 
Institutions,  regulated  according  to  the  degree  of  political 
consideration,  that  each  of  the  Governments  to  which  they 
belong  shall  judge  expedient  and  proper  to  grant  them.1 

Boundaries  of  the  Grand  Duchy  of  Posen. 

ARTICLE  II.  The  part  of  the  Duchy  of  Warsaw  which 
His  Majesty  the  King  of  Prussia  shall  possess  in  full  sove- 
reignty and  property,  for  himself,  his  heirs,  and  successors, 
under  the  title  of  the  Grand  Duchy  of  Posen,  shall  be  com- 
prised within  the  following  line  : — 

Proceeding  from  the  frontier  of  Eastern  Prussia  to  the 
village  of  Neuhoff,  the  new  limit  shall  follow  the  frontier 
of  Western  Prussia,  such  as  it  subsisted  from  1772  to  the 
Peace  of  Tilsit2  to  the  villa'ge  of  Leibitsch,  which  shall 
belong  to  the  Duchy  of  Warsaw ;  from  thence  shall  be 
drawn  a  line,  which,  leaving  Kompania,  Grabowiec,  and 
Szczytno  to  Prussia,  passes  the  Vistula,  near  the  last- 
mentioned  place,  from  the  other  side  of  the  river,  which 
falls  into  the  Vistula  opposite  Szczytno,  to  the  ancient 
limit  of  the  district  of  the  Netze,  near  Gross-Opoczko,  so 
that  Sluzewo  shall  belong  to  the  Duchy,  and  Przy- 
branowa,  Hollaender,  and  Maciejevo,  to  Prussia.  From 
Gross-Opoczko  it  shall  pass  by  Chlewiska,  which  shall  re- 
main to  Prussia,  to  the  village  of  Przybyslaw,  and  from 
thence  by  the  villages  of  Piaski,  Chelmce,  Witowiczki, 
Kobylinka,  Woyczyn,  Orchowo,  to  the  town  of  Powidz. 

From  Powidz  it  shall  continue  by  the  town  of  Slupce 

1  By  a  Russian  Manifesto  of  February  14/26,  1832,  the  Kingdom  of 
Poland  was  declared  to  be  perpetually  united  to  the  Russian  Empire, 
and  to  form  an  integral  part  thereof.  The  British  Government 
protested  against  this  Manifesto  on  July  3,  1832,  as  being  an 
infraction  of  the  Vienna  Congress  Treaty.  (See  Hertslet's  Map  of 
Europe  by  Treaty,  vol.  i,  p.  94,  footnote.) 

*  Treaty  of  Tilsit,  1807. 


CONGRESS  TREATY  OF  VIENNA,  1815        39 

to  the  point  of  confluence  of  the  rivers  Wartha  and 
Prosna. 

From  this  point  it  shall  reascend  the  course  of  the  river 
Prosna  to  the  village  of  Koscielnawies,  to  within  one  league 
of  the  town  of  Kahsch. 

Then  leaving  to  that  town  (on  the  side  of  the  left  bank 
of  the  Prosna),  a  semi-circular  territory  measured  by  the 
distance  from  Koscielnawies  to  Kalisch,  the  line  shall 
return  to  the  course  of  the  Prosna,  and  shall  continue  to 
follow  it,  reascending  by  the  towns  of  Grabow,  Wieruszow, 
Boleslawiec,  so  as  to  terminate  near  the  village  of  Gola, 
upon  the  frontier  of  Silesia,  opposite  Pitschin. 

Salt-Mines  of  Wieliczka. 

ARTICLE  III.  His  Imperial  and  Royal  Apostolic  Majesty 
shall  possess,  in  full  property  and  sovereignty,  the  salt- 
mines of  Wieliczka,  and  the  territory  thereto  belonging. 

Boundaries  between  Galicia  and  Russia. 

ARTICLE  IV.  The  way  or  bed  (Thalweg)  of  the  Vistula 
shall  separate  Galicia  from  the  territory  of  the  Free  Town 
of  Cracow.  It  shall  serve  at  the  same  time  as  the  frontier 
between  Galicia  and  that  part  of  the  ancient  Duchy  of 
Warsaw  united  to  the  States  of  His  Majesty  the  Emperor 
of  all  the  Russias,  as  far  as  the  vicinity  of  the  town  of 
Zavichost. 

From  Zavichost  to  the  Bug,  the  dry  frontiers  shall  be 
determined  by  the  line  drawn  in  the  Treaty  of  Vienna  of 
1809,  excepting  such  modifications  as  by  common  consent 
may  be  thought  necessary  to  be  introduced. 

The  frontier  from  the  Bug  shall  be  re-established  on  this 
side  (de  ce  cute)  between  the  two  Empires,  such  as  it  was 
before  the  said  Treaty. 

Restitution  of  Districts  separated  from  Eastern  Galicia. 

ARTICLE  V.  His  Majesty  the  Emperor  of  all  the  Russias 
cedes  to  His  Imperial  and  Royal  Apostolic  Majesty  the 
districts  which  have  been  separated  from  Eastern  Galicia, 
in  consequence  of  the  Treaty  of  Vienna  of  iSog,1  from  the 

1  Extract  from  the  Treaty  of  Peace  between  Austria  and  France. — 
Vienna,  14  Oct.  1809:  Art.  Ill  §  5.  His  Majesty  the  Emperor 
of  Austria  cedes  to  His  Majesty  the  Emperor  of  Russia,  in  the 


40        CONGRESS  TREATY  OF  VIENNA,  1815 

Circles  of  Zloczow,  Brzezan,  Tarnopol,  and  Zalesczyk,  and 
the  frontiers  on  this  side  (de  ce  cote)  shall  be  re-established, 
such  as  they  were  before  the  date  of  the  said  Treaty. 

Cracow  declared  a  Free  Town. 

ARTICLE  VI.  The  Town  of  Cracow,  with  its  Territory, 
is  declared  to  be  for  ever  a  Free,  Independent,  and  strictly 
Neutral  City,  under  the  Protection  of  Austria,  Russia,  and 
Prussia. 

Boundaries  of  the  Territory  of  Cracow. 

ARTICLE  VII.  The  territory  of  the  Free  Town  of  Cracow 
shall  have  for  its  frontier  upon  the  left  bank  of  the  Vistula 
a  line,  which,  beginning  at  the  spot  near  the  village  of 
Wolica,  where  a  stream  falls  into  the  Vistula,  shall  ascend 
this  stream  by  Cio,  and  Koscielniki  as  far  as  Czulice,  so 
that  these  villages  may  be  included  in  the  district  of  the 
Free  Town  of  Cracow ;  from  thence  passing  along  the 
frontiers  of  these. villages  the  line  shall  continue  by  Dzic- 
kanovice,  Garlice,  Tomaszow,  Karniowice,  which  shall  also 
remain  in  the  territory  of  Cracow,  to  the  point  where  the 
limit  begins  which  separates  the  district  of  Krzeszovice 
from  that  of  Olkusz  ;  from  thence  it  shall  follow  this  limit 
between  the  two  said  provinces,  till  it  reaches  the  frontiers 
of  Silesian  Prussia. 

Privileges  granted  to  Podgorze. 

ARTICLE  VIII.  His  Majesty  the  Emperor  of  Austria, 
wishing  particularly  to  facilitate  as  much  as  possible  on  his 
part,  the  commercial  relations,  and  good  neighbourhood 
between  Galicia  and  the  Free  Town  of  Cracow,  grants  for 
ever  to  the  town  of  Podgorze,  the  privileges  of  a  Free 
Commercial  Town,  such  as  are  enjoyed  by  the  town  of 
Brody.  This  liberty  of  commerce  shall  extend  to  a  distance 
of  500  toises  from  the  barrier  of  the  suburbs  of  the  town  of 
Podgorze. 

In  consequence  of  this  perpetual  concession,  which  never- 
theless shall  not  affect  the  rights  of  sovereignty  of  His 
Imperial  and  Royal  Apostolic  Majesty,  the  Austrian  custom- 
Easternmost  portion  of  Ancient  Gallicia,  a  territory  comprising  a 
population  of  400,000  souls,  in  which  the  town  of  Brody  shall  not 
be  included.  This  territory  shall  be  amicably  delimited  by  Commis- 
sioners of  the  two  Empires. 


CONGRESS  TREATY  OF  VIENNA,  1815        41 

houses  shall  be  established  only  in  places  situated  beyond 
that  limit.  No  military  establishment  shall  be  formed  that 
can  menace  the  Neutrality  of  Cracow,  or  obstruct  the  liberty 
of  commerce  which  His  Imperial  and  Royal  Apostolic 
Majesty  grants  to  the  town  and  district  of  Podgorze. 

Neutrality  of  Cracow. 

ARTICLE  IX.  The  Courts  of  Russia,  Austria,  and  Prussia 
engage  to  respect,  and  to  cause  to  be  always  respected,  the 
Neutrality  of  the  Free  Town  of  Cracow  and  its  Territory. 
No  armed  force  shall  be  introduced  upon  any  pretence 
whatever. 

On  the  other  hand  it  is  understood  and  expressly  stipu- 
lated that  no  asylum  shall  be  afforded  in  the  Free  Town  and 
territory  of  Cracow  to  fugitives,  deserters,  and  persons  under 
prosecution,  belonging  to  the  country'  of  either  of  the  High 
Powers  aforesaid  ;  and  in  the  event  of  the  demand  of  their 
surrender  by  the  competent  authorities,  such  individuals 
shall  be  arrested  and  given  up  without  delay,  and  conveyed, 
under  a  proper  escort,  to  the  guard  appointed  to  receive 
them  at  the  frontier. 

'Constitution,  Academy,  and  Bishopric  of  Cracow. 

ARTICLE  X.  The  dispositions  of  the  Constitution  of  the 
Free  Town  of  Cracow,  concerning  the  Academy,  the 
Bishopric,  and  Chapter  of  that  town,  such  as  they  are 
specified  in  Articles  VII,  XV,  XVI,  and  XVII  of  the 
Additional  Treaty  relative  to  Cracow,  which  is  annexed  to 
the  present  General  Treaty,  shall  have  the  same  force  and 
validity  as  if  they  were  textually  inserted  in  this  Act. 

General  Amnesty  in  Poland. 

ARTICLE  XI.  A  full,  general,  and  special  Amnesty  shall 
be  granted  in  favour  of  all  individuals,  of  whatever  rank, 
sex,  or  condition  they  may  be. 

Sequestrations  removed. 

ARTICLE  XII.  In  consequence  of  the  preceding  Article, 
no  person  in  future  shall  be  prosecuted  or  disturbed,  in 
any  manner,  by  reason  of  any  participation,  direct  or  in- 
direct, at  any  time,  in  the  political,  civil,  or  military  events 


42        CONGRESS  TREATY  OF  VIENNA,  1815 

in  Poland.  All  proceedings,  suits,  or  prosecutions  are  con- 
sidered as  null,  the  sequestrations  and  provisional  conns- 
cations  shall  be  taken  off,  and  every  Act  promulgated  on 
this  ground  shall  be  of  no  effect. 

Exception  to  preceding  Article. 

ARTICLE  XIII.  From  these  general  regulations  on  the 
subject  of  confiscation  are  excepted  all  those  cases  in  which 
edicts  or  sentences,  finally  pronounced,  have  already  been 
fully  executed,  and  have  not  been  annulled  by  subsequent 
events. 

Free  Navigation  of  Rivers  in  Poland. 

ARTICLE  XIV.  The  principles  established  for  the  free 
navigation  of  Rivers  and  Canals,  in  the  whole  extent  of 
ancient  Poland,  as  well  as  for  the  trade  to  the  ports,  for 
the  circulation  of  articles  the  growth  and  produce  of  the 
different  Polish  provinces,  and  for  the  commerce,  relative 
to  goods  in  transitu,  such  as  they  are  specified  in  Articles 
XXIV,  XXV,  XXVI,  XXVIII,  and  XXIX  of  the  Treaty 
between  Austria  and  Russia,  and  in  Articles  XXII,  XXIII, 
XXIV,  XXV,  XXVIII,  and  XXIX  of  the  Treaty  between 
Russia  and  Prussia,  shall  be  invariably  maintained. 

Cessions  by  the  King  of  Saxony  to  the  King  of  Prussia. 

ARTICLE  XV.  His  Majesty  the  King  of  Saxony  renounces 
in  perpetuity  for  himself,  and  all  his  descendants  and 
successors,  in  favour  of  His  Majesty  the  King  of  Prussia, 
all  his  right  and  title  to  the  provinces,  districts,  and  terri- 
tories, or  parts  of  territories,  of  the  Kingdom  of  Saxony, 
hereafter  named  ;  and  His  Majesty  the  King  of  Prussia 
shall  possess  those  countries  in  complete  sovereignty  and 
property,  and  shall  unite  them  to  his  Monarchy.  The 
districts  and  territories  thus  ceded  shall  be  separated  from 
the  rest  of  the  Kingdom  of  Saxony  by  a  line,  which  hence- 
forth shall  form  the  frontier  between  the  Prussian  and  Saxon 
territories,  so  that  all  that  is  comprised  in  the  limit  formed 
by  this  line  shall  be  restored  to  His  Majesty  the  King  of 
Saxony  ;  but  His  Majesty  renounces  all  those  districts  and 
territories  that  are  situated  beyond  that  line,  and  which 
belonged  to  him  before  the  war. 

The  line  shall  begin  from  the  frontiers  of  Bohemia,  near 
Wiese,  in  the  neighbourhood  of  Seidenberg,  following  the 


CONGRESS  TREATY  OF  VIENNA,  1815        43 

stream  of  the  River  Wittich,  until  its  junction  with  the 
Neisse. 

From  the  Neisse  it  shall  pass  to  the  Circle  of  Eigen, 
between  Tauchritz,  which  shall  belong  to  Prussia,  and 
Bertschoff,  which  shall  remain  to  Saxony  ;  then  it  shall 
follow  the  northern  frontier  of  the  Circle  of  Eigen,  to  the 
angle  between  Paulsdorf  and  Ober-Sohland  ;  thence  it  shall 
be  continued  to  the  limits  that  separate  the  Circle  of 
Gortitz  from  that  of  Bautzen,  in  such  a  manner  that  Ober, 
Mittel  and  Nieder  Sohland,  Olisch,  and  Radewitz  remain 
in  the  possession  of  Saxony. 

The  great  post  road  between  Gorlitz  and  Bautzen  shall 
belong  to  Prussia,  as  far  as  the  limits  of  the  said  Circles. 
Then  the  line  shall  follow  the  frontier  of  the  Circle  to 
Dubrauke  ;  it  shall  then  extend  upon  the  heights  to  the 
right  of  the  Lobauer-Wasser,  so  that  this  rivulet,  with  its 
two  banks,  and  the  places  upon  them,  as  far  as  Neudorf, 
shall  remain,  with  this  village,  to  Saxony. 

The  line  shall  then  fall  again  upon  the  Spree,  and  the 
Schwarzwasser  ;  Liska,  Hermsdorf,  Ketten,  and  Solchdorf 
are  assigned  to  Prussia. 

From  the  Schwarz-Elster,  near  Solchdorf,  a  right  line 
shall  be  drawn  to  the  frontier  of  the  Lordship  of  Konigs- 
bruck,  near  Gross-graebchen.  This  lordship  remains  to 
Saxony,  and  the  line  shall  follow  its  northern  boundary  as 
far  as  the  Bailiwick  of  Grossenhayn,  in  the  neighbourhood 
of  Ortrand.  Ortrand,  and  the  road  from  that  place  by 
Merzdorf,  Stolzenhayn,  Grobeln,  and  Miihlberg  (with  the 
villages  on  that  road,  so  that  no  part  of  it  remain  beyond 
the  Prussian  territory)  shall  be  under  the  Government  of 
Prussia.  The  frontier  from  Grobeln  shall  be  traced  to  the 
Elbe  near  Fichtenberg,  and  then  shall  follow  the  Bailiwick 
of  Miihlberg.  Fichtenberg  shall  be  the  property  of  Prussia. 

From  the  Elbe  to  the  frontier  of  the  country  of  Merse- 
burg,  it  shall  be  so  regulated  that  the  Bailiwicks  of  Torgau, 
Eilenburg,  and  Delitsch,  shall  pass  to  Prussia,  while  those 
of  Oschatz,  Wurzen,  and  Leipsic,  shall  remain  to  Saxony. 
The  line  shall  follow  the  frontier  of  these  bailiwicks,  dividing 
some  inclosures  and  demi-inclosures.  The  road  from  Miihl- 
berg to  Eilenburg  shall  be  wholly  within  the  Prussian 
territory. 

From  Podelwitz  (belonging  to  the  Bailiwick  of  Leipsic, 
and  remaining  to  Saxony)  as  far  as  Eytra,  which  also  re- 


44        CONGRESS  TREATY  OF  VIENNA,  1815 

mains  to  her,  the  line  shall  divide  the  country  of  Merseburg 
in  such  a  manner  that  Breitenfeld,  Haenichen,  Gross 
and  Klein-Dolzig,  Mark-Ranstadt  and  Knaut-Nauendorf, 
remain  to  Saxony ;  and  Modelwitz,  Skenditz,  Klein-Lie- 
benau,  Alt-Ranstadt,  Schkoehlen,  and  Zietschen,  pass  to 
Prussia. 

From  thence  the  line  shall  divide  the  Bailiwick  of  Pegau 
between  the  Floss-graben  'and  the  Weisse-Elster ;  the 
former,  from  the  point  where  it  separates  itself  above  the 
town  of  Crossen  (which  forms  part  of  the  Bailiwick  of 
Haynsburg)  from  the  Weisse-Elster  to  the  point  where  it 
joins  the  Saale>  below  the  town  of  Merseburg,  shall  belong, 
in  its  whole  course  between  those  two  towns,  with  both  its 
banks,  to  the  Prussian  territory. 

From  thence,  where  the  frontier  touches  upon  that  of 
the  country  of  Zeitz,  the  line  shall  follow  it  as  far  as  the 
boundary  of  the  country  of  Altenburg,  near  Luckau. 

The  frontiers  of  the  Circle  of  Neustadt,  which  wholly  falls 
under  the  dominion  of  Prussia,  remain  untouched. 

The  inclosures  of  Voigtland,  in  the  district  of  Reuss,  that 
is  to  say  Gef  all,  Blintendorf ,  Sparenberg,  and  Blankenberg, 
are  comprised  in  the  share  of  Prussia. 

Titles  to  be  assumed  by  the  King  of  Prussia. 

ARTICLE  XVI.  The  provinces  and  districts  of  the  King- 
dom of  Saxony,  which  are  transferred  to  the  dominion  of 
His  Majesty  the  King  of  Prussia,  shall  be  distinguished  by 
the  name  of  the  Duchy  of  Saxony,  and  His  Majesty  shall 
add  to  his  Titles  those  of  Duke  of  Saxony,  Landgrave  of 
Thuringia,  Margrave  of  the  two  Lusatias,  and  Count  of 
Henneberg. 

His  Majesty  the  King  of  Saxony  shall  continue  to  bear 
the  title  of  Margrave  of  Upper  Lusatia. 

His  Majesty  shall  also  continue,  with  relation  to,  and  in 
virtue  of  his  right  of  eventual  succession  to  the  possessions 
of  the  Ernestine  branch,  to  bear  the  title  of  Landgrave  of 
Thuringia  and  Count  of  Henneberg. 

Guarantee  of  the  Cessions  indicated  in  Article  XV. 

ARTICLE   XVII.     Austria,   Russia,  Great  Britain,  and 

France  guarantee  to  His  Majesty  the  King  of  Prussia,  his 

descendants  and  successors,  the  possession  of  the  countries 

marked  out  in  Article  XV,  in  full  property  and  sovereignty. 


CONGRESS  TREATY  OF  VIENNA,  1815        45 

Renunciation  by  the  Emperor  of  Austria  of  Rights  of 
Sovereignty  over  Lusatia. 

ARTICLE  XVIII.  His  Imperial  and  Royal  Apostolic 
Majesty,  wishing  to  give  to  the  King  of  Prussia  a  fresh 
proof  of  his  desire  to  remove  every  object  of  future  discus- 
sion between  their  two  Courts,  renounces  for  himself  and 
his  successors  his  rights  of  Sovereignty  over  the  Margra- 
viates  of  Upper  and  Lower  Lusatia,  which  belonged  to  him 
as  King  of  Bohemia,  as  far  as  these  rights  concern  the 
portion  of  these  provinces  placed  under  the  dominion  of 
His  Majesty  the  King  of  Prussia  by  virtue  of  the  Treaty 
with  His  Majesty  the  King  of  Saxony,  concluded  at  Vienna 
on  the  i8th  May,  1815. 

As  to  the  right  of  reversion  of  His  Imperial  and  Royal 
Apostolic  Majesty  to  the  said  portion  of  the  Lusatias  united 
to  Prussia,  it  is  transferred  to  the  House  of  Brandenburg 
now  reigning  in  Prussia,  His  Imperial  and  Royal  Apostolic 
Majesty  reserving  to  himself  and  his  successors,  the  power 
of  resuming  that  right  in  the  event  of  the  extinction  of  the 
said  reigning  House. 

His  Imperial  and  Royal  Apostolic  Majesty  renounces  also 
in  favour  of  His  Prussian  Majesty,  the  districts  of  Bohemia 
inclosed  within  the  part  of  Upper  Lusatia  ceded  by  the 
Treaty  of  the  i8th  May,  1815,  to  his  Prussian  Majesty, 
which  districts  comprehend  the  places  of  Giintersdorf, 
Taubentraenke,  Neukretschen,  Nieder-Gerlachsheim,  Win- 
kel,  and  Ginkel,  with  their  territories. 

Reciprocal  Renunciation  of  Feudal  Rights. 
ARTICLE  XIX.  His  Majesty  the  King  of  Prussia  and 
His  Majesty  the  King  of  Saxony,  wishing  particularly  to 
remove  every  object  of  future  contest  or  dispute,  renounce, 
each  on  his  own  part,  and  reciprocally  in  favour  of  one 
another,  all  feudal  rights  or  pretensions  which  they  might 
exercise  or  might  have  exercised  beyond  the  frontiers  fixed 
by  the  present  Treaty. 

Reciprocal  Freedom  of  Emigration. 

ARTICLE  XX.  His  Majesty  the  King  of  Prussia  promises 
to  direct  that  proper  care  be  taken  relative  to  whatever 
may  affect  the  property  and  interests  of  the  respective 
subjects,  upon  the  most  liberal  principles. 


46        CONGRESS  TREATY  OF  VIENNA,  1815 

The  present  Article  shall  be  observed,  particularly  with 
regard  to  the  concerns  of  those  individuals  who  possess 
property  both  under  the  Prussian  and  Saxon  Govern- 
ments, to  the  commerce  of  Leipsic,  and  to  all  other  objects 
of  the  same  nature  ;  and  in  order  that  the  individual  liberty 
of  the  inhabitants,  both  of  the  ceded  and  other  provinces, 
may  not  be  infringed,  they  shall  be  allowed  to  emigrate 
from  one  territory  to  the  other,  without  being  exempted, 
however,  from  military  service,  and  after  fulfilling  the 
formalities  required  by  the  laws.  They  may  also  remove 
their  property  without  being  subject  to  any  fine  or  drawback 
(Abzugsgeld). 

Property  of  Religious  Establishments. 

ARTICLE  XXI.  The  communities,  corporations,  and  re- 
ligious establishments,  and  those  for  public  instruction  in 
the  provinces  ceded  by  His  Majesty  the  King  of  Saxony 
to  Prussia,  or  in  the  provinces  and  districts  remaining  to 
His  Saxon  Majesty,  shall  preserve  their  property,  whatever 
changes  they  may  undergo,  as  well  as  the  rents  becoming 
due  to  them,  according  to  the  act  of  their  foundation,  or 
which  they  have  acquired  by  a  legal  title  since  that  period 
under  the  Prussian  and  Saxon  Governments  ;  and  neither 
party  shall  interfere  in  the  administration  and  in  the  col- 
lection of  the  revenues,  provided  that  they  be  conducted 
in  a  manner  conformable  to  the  laws,  and  that  the  charges 
be  defrayed,  to  which  all  property  or  rents  of  the  like 
nature  are  subjected,  in  the  territory  in  which  they  occur. 

General  Amnesty  in  Saxony. 

ARTICLE  XXII.  No  individual  domiciliated  in  the  pro- 
vinces which  are  under  the  dominion  of  His  Majesty  the 
King  of  Saxony,  any  more  than  an  individual  domiciliated 
in  those  which  by  the  present  Treaty  pass  under  the 
dominion  of  the  King  of  Prussia,  shall  be  molested  in  his 
person,  his  property,  rents,  pensions,  or  revenues  of  any 
kind,  in  his  rank  or  dignities,  nor  be  prosecuted  or  called 
to  account  in  any  manner  for  any  part  which  he,  either  in 
a  civil  or  military  capacity,  may  have  taken  in  the  events 
that  have  occurred  since  the  commencement  of  the  war, 
terminated  by  the  Peace  concluded  at  Paris  on  the  30th  of 
May,  1814. 


CONGRESS  TREATY  OF  VIENNA,  1815        47 

This  Article  equally  extends  to  those  who,  not  being 
domiciliated  in  either  part  of  Saxony,  may  possess  in  it 
landed  property,  rents,  pensions  or  revenues  of  any  kind. 

Designation  of  Provinces  of  which  Prussia  resumes  Possession. 

ARTICLE  XXIII.  His  Majesty  the  King  of  Prussia  having 
in  consequence  of  the  last  war,  reassumed  the  possession  of 
the  provinces  and  territories  which  had  been  ceded  by 
the  Peace  of  Tilsit1  it  is  acknowledged  and  declared  by 
the  present  Article  that  His  Majesty,  his  heirs  and  suc- 
cessors, shall  possess  anew,  as  formerly,  in  full  property 
and  Sovereignty,  the  following  countries,  that  is  to  say ; 

Those  of  his  ancient  provinces  of  Poland  specified  in 
Article  II ; 

The  City  of  Dantzig  and  its  territory,  as  the  latter  was 
determined  by  the  Treaty  of  Tilsit 2  ; 

The  Circle  of  Cottbus ; 

The  Old  March  ; 

The  part  of  the  Circle  of  Magdeburg  situated  on  the  left 
bank  of  the  Elbe,  together  with  the  Circle  of  the  Saale  ; 

The  Principality  of  Halberstadt,  with  the  Lordships  of 
Derenburg,  and  of  Hassenrode  ; 

The  Town  and  Territory  of  Quedlinburg  (save  and  except 
the  rights  of  Her  Royal  Highness  the  Princess  Sophia 
Albertine  of  Sweden,  Abbess  of  Quedlinburg,  conformably 
to  the  arrangements  made  in  1803)  ; 

The  Prussian  part  of  the  County  of  Mansfeld  ; 

The  Prussian  part  of  the  County  of  Hohenstein  ; 

The  Eichsfeld  ; 

The  Town  of  Nordhausen  with  its  territory  ; 

The  Town  of  Muhlhausen  with  its  territory  ; 

The  Prussian  part  of  the  district  of  Trefourt  with  Dorla  ; 

The  Town  and  Territory  of  Erfurth,  with  the  exception 
of  Klein-Brembach  and  Berlstedt,  inclosed  in  the  Princi- 
pality of  Weimar,  ceded  to  the  Grand  Duke  of  Saxe- Weimar 
by  Article  XXXIX  ; 

The  Bailiwick  of  Wandersleben,  belonging  to  the  County 
of  Unter-gleichen  ; 

The  Principality  of  Paderborn,  with  the  Prussian  part 
of  the  Bailiwicks  of  Schwallenberg,  Oldenburg,  and  Stoppel- 

1  Treaty  of  Tilsit.  1807. 

1  Article  VI.  La  Ville  de  Danzig  avec  un  territoire  de  2  lieues 
de  Rayon  autour  de  son  enceinte. 


48        CONGRESS  TREATY  OF  VIENNA,  1815 

berg,  and  the  jurisdictions  (Gerichte)  of  Hagendorn  and 
Odenhausen,  situated  in  the  territory  of  Lippe  ; 

The  County  of  Mark,  with  the  part  of  Lipstadt  belonging 
to  it  ; 

The  County  of  Werden  ; 

The  County  of  Essen  ; 

The  part  of  the  Duchy  of  Cleves  on  the  right  bank  of  the 
Rhine,  with  the  town  and  fortress  of  Wesel ;  the  part  of 
the  Duchy,  situated  on  the  left  bank,  specified  in  Arti- 
cle XXV; 

The  secularised  Chapter  of  Elten  ; 

The  Principality  of  Munster,  that  is  to  say,  the  Prussian 
part  of  the  former  Bishopric  of  Munster,  with  the  exception 
of  that  part  which  has  been  ceded  to  His  Britannic  Majesty, 
King  of  Hanover,  in  virtue  of  Article  XXVII ; 

The  secularised  Provostship  of  Cappenburg  ; 

The  County  of  Tecklenburg ; 

The  County  of  Lingen,  with  the  exception  of  that  part 
ceded  to  the  kingdom  of  Hanover  by  Article  XXVII ; 

The  Principality  of  Minden  ; 

The  County  of  Ravensburg  ; 

The  secularised  Chapter  of  Herford  ; 

The  Principality  of  Neufchatel,  with  the  County  of 
Valengin,  such  as  their  Frontiers  are  regulated  by  the 
Treaty  of  Paris,  and  by  Article  LXXVI  of  this  General 
Treaty. 

The  same  disposition  extends  to  the  rights  of  Sovereignty 
and  suzerainete  over  the  County  of  Wernigerode,  to  that  of 
high  protection  over  the  County  of  Hohen-Limbourg,  and 
to  all  the  other  rights  or  pretensions  whatsoever  which 
His  Prussian  Majesty  possessed  and  exercised,  before  the 
Peace  of  Tilsit,  and  which  he  has  not  renounced  by  other 
Treaties,  Acts,  or  Conventions. 

Prussian  Possessions  on  this  side  (en  de$a)  of  the  Rhine. 

ARTICLE  XXIV.  His  Majesty  the  King  of  Prussia  shall 
unite  to  his  Monarchy  in  Germany,  on  this  side  of  the 
Rhine,  to  be  possessed  by  him  and  his  successors  in  full 
property  and  Sovereignty,  the  following  countries  : 

The  provinces  of  Saxony  designated  in  Article  XV,  with 
the  exception  of  the  places  and  territories  ceded,  in  virtue 
of  Article  XXXIX,  to  His  Highness  the  Grand  Duke  of 
Saxe- Weimar ; 


CONGRESS  TREATY  OF  VIENNA,  1815        49 

The  territories  ceded  to  Prussia  by  His  Britannic  Majesty, 
King  of  Hanover,  by  Article  XXIX  ; 

Part  of  the  Department  of  Fulda,  and  such  of  the  terri- 
tories comprehended  therein  as  are  specified  in  Article  XL  ; 

The  Town  and  Territory  of  Wetzlar,  according  to 
Article  XLII ; 

The  Grand  Duchy  of  Berg  with  the  Lordships  of  Harden- 
berg,  Broik,  Styrum,  Scholler  and  Odenthal,  formerly  be- 
longing to  the  said  Duchy  under  the  Palatine  Government  ; 

The  districts  of  the  ancient  Archbishopric  of  Cologne, 
lately  belonging  to  the  Grand  Duchy  of  Berg  ; 

The  Duchy  of  Westphalia,  as  lately  possessed  by  His 
Royal  Highness  the  Grand  Duke  of  Hesse  ; 

The  County  of  Dortmund  ; 

The  Principality  of  Corbey  ; 

The  Mediatised  Districts  specified  in  Article  XLIII. 

The  ancient  possessions  of  the  House  of  Nassau-Dietz, 
having  been  ceded  to  Prussia  by  His  Majesty  the  King  of 
the  Netherlands,  and  a  part  of  these  possessions  having 
been  exchanged  for  the  districts  belonging  to  their  Serene 
Highnesses  the  Duke  and  Prince  of  Nassau,  the  King  of 
Prussia  shall  possess  them,  in  Sovereignty  and  property, 
and  unite  them  to  his  monarchy  ; 

1.  The  Principality  of  Siegen  with  the  Bailiwicks  of 
Burbach  and  Neunkirchen,  with  the  exception  of  a  part 
containing  12,000  inhabitants,  to  belong  to  the  Duke  and 
Prince  of  Nassau  ; 

2.  The  Bailiwicks  of  Hohen-Solms,  Greifenstein,  Braun- 
fels,  Frensberg,  Friedewald,  Schonstein,  Schonberg,  Alten- 
kirchen,  Altenwied,  Dierdorf,  Neuerburg,  Linz,  Hammer- 
stein,  with  Engers  and  Heddesdorf  ;  the  town  and  territory 
(Banlieue,  Gemarkung)  of  Neuwied ;    the  parish  of  Ham, 
belonging  to  the  Bailiwick  of  Hackenberg  ;   the  parish  of 
Horhausen,  constituting  part  of  the  Bailiwick  of  Hersbach, 
and  the  parts  of  the  Bailiwicks  of  Vallendar  and  Ehren- 
breitstein,  on  the  right  bank  of  the  Rhine,  designated  in 
the  Convention  concluded  between  His  Majesty  the  King 
of  Prussia  and  their  Serene  Highnesses  the  Duke  and  Prince 
of  Nassau,  annexed  to  the  present  Treaty. 

Prussian  Possessions  on  the  left  bank  of  the  Rhine. 
ARTICLE  XXV.    His  Majesty  the  King  of  Prussia  shall 
also  possess  in  full  property  and  Sovereignty,  the  countries 

1903  r 


50        CONGRESS  TREATY  OF  VIENNA,   1815 

on  the  left  bank  of  the  Rhine,  included  in  the  frontier 
hereinafter  designated  : 

This  frontier  shall  commence  on  the  Rhine  at  Bingen  ; 
it  shall  thence  ascend  the  course  of  the  Nahe  to  the  junction 
of  this  river  with  the  Glan,  and  along  the  Glan  to  the 
village  of  Medart,  below  Lauterecken ;  the  towns  of 
Kreutznach  and  Meisenheim,  with  their  territories,  to  belong 
entirely  to  Prussia  ;  but  Lauterecken  and  its  territory  to 
remain  beyond  the  Prussian  frontier.  From  the  Glan  the 
frontier  shall  pass  by  Medart,  Merzweiler,  Langweiler, 
Nieder  and  Ober-Feckenbach,  Ellenbach,  Creunchenborn, 
Answeiler,  Cronweiler,  Nieder-Brambach,  Burbach,  Bosch- 
weiler,  Heubweiler,  Hambach,  and  Rintzenberg,  to  the 
limits  of  the  Canton  of  Hermeskeil ;  the  above  places  shall 
be  included  within  the  Prussian  frontiers,  and  shall,  to- 
gether with  their  territories,  belong  to  Prussia. 

From  Rintzenberg  to  the  Sarre  the  line  of  demarcation 
shall  follow  the  cantonal  limits,  so  that  the  Cantons  of 
Hermeskeil  and  Conz  (in  which  latter,  however,  are  excepted 
the  places  on  the  left  bank  of  the  Sarre)  shall  remain  wholly 
to  Prussia,  while  the  Cantons  of  Wadern,  Merzig,  and  Sarre- 
burg  are  to  be  beyond  the  Prussian  frontier. 

From  the  point  where  the  limit  of  the  Canton  of  Conz, 
below  Gomlingen,  traverses  the  Sarre,  the  line  shall  descend 
the  Sarre  till  it  falls  into  the  Moselle  ;  thence  it  shall  re- 
ascend  the  Moselle  to  its  junction  with  the  Sarre,  from  the 
latter  river  to  the  mouth  of  the  Our,  and  along  the  Our  to 
the  limits  of  the  ancient  Department  of  the  Ourthe.  The 
places  traversed  by  these  rivers  shall  not  at  all  be  divided, 
but  shall  belong,  with  their  territories,  to  the  Power  in 
whose  State  the  greater  part  of  these  places  shall  be  situ- 
ated ;  the  Rivers  themselves,  in  so  far  as  they  form  the 
frontier,  shall  belong  in  common  to  the  two  Powers  border- 
ing on  them. 

In  the  old  Department  of  the  Ourthe,  the  five  Cantons 
of  Saint- Vith,  Malmedy,  Cronenburg,  Schleiden,  and  Eupen, 
with  the  advanced  point  of  the  Canton  of  Aubel,1  to  the 
south  of  Aix-la-Chapelle,  shall  belong  to  Prussia,  and  the 

1  The  Dutch  and  Prussian  Commissioners,  when  they  came  to 
delimit  the  frontier,  disagreed  here,  and  finally  the  village  of  Moresnet 
was  left  without  any  nationality  at  all.  It  is  about  20  miles  east  of 
Liege,  and  since  1839  has  been  administered  by  Belgium  and  Prussia 
jointly. 


CONGRESS  TREATY  OF  VIENNA,  1815        51 

frontier  shall  follow  that  of  these  cantons,  so  that  a  line, 
drawn  from  north  to  south,  may  cut  the  said  point  of  the 
Canton  of  Aubel,  and  be  prolonged  as  far  as  the  point  of 
contact  of  the  three  old  Departments  of  the  Ourthe,  the 
Lower  Meuse,  and  the  Roer ;  leaving  that  point,  the  frontier 
shall  follow  the  line  which  separates  these  two  last  depart- 
ments till  it  reaches  the  river  Worm,  which  falls  into  the 
Roer,  and  shall  go  along  this  river  to  the  point  where  it 
again  touches  the  limits  of  these  two  departments ;  when 
it  shall  pursue  that  limit  to  the  south  of  Hillensberg,  shall 
ascend  from  thence  towards  the  north,  and  leaving  Hillens- 
berg to  Prussia,  and  cutting  the  Canton  of  Sittard  in  two 
parts,  nearly  equal,  so  that  Sittard  and  Susteren  remain  on 
the  left,  shall  reach  the  old  Dutch  territory  ;  then  following 
the  old  frontier  of  that  territory,  to  the  point  where  it 
touched  the  old  Austrian  Principality  of  Guelders,  on  the 
side  of  Ruremonde,  and  directing  itself  towards  the  most 
eastern  point  of  the  Dutch  territory,  to  the  north  of  Swal- 
men,  it  shall  continue  to  inclose  this  territory. 

Then,  setting  out  from  the  most  eastern  point,  it  joins 
that  other  part  of  the  Dutch  territory  in  which  Venloo  is 
situated,  without  including  the  latter  town  and  its  district ; 
thence  to  the  old  Dutch  frontier  near  Mook,  situated  below 
Genep,  it  shall  follow  the  course  of  the  Meuse,  at  such 
a  distance  from  the  right  bank  that  all  the  places  situated 
within  a  thousand  Rhenish  yards  (Rheinlandische  Rutheri) 
of  this  bank  shall,  with  their  territories,  belong  to  the 
kingdom  of  the  Netherlands;  it  being  well  understood, 
however,  in  regard  to  the  reciprocity  of  this  principle,  that 
no  point  of  the  bank  of  the  Meuse  shall  constitute  a  portion 
of  the  Prussian  territory,  unless  such  point  approach  to 
within  800  Rhenish  yards  of  it. 

From  the  point  where  the  line  just  described  joins  the 
old  Dutch  frontier,  as  far  as  the  Rhine,  this  frontier  shall 
remain  essentially  as  it  was  in  1795,  between  Cleves  and 
the  United  Provinces.  It  shall  be  examined  by  the  Com- 
mission which  shall  be  appointed  without  delay  by  the 
two  Governments  to  proceed  to  the  exact  determination 
of  the  limits,  both  of  the  kingdom  of  the  Netherlands,  and 
the  Grand  Duchy  of  Luxemburg,  designated  in  Articles 
LXVI  and  LXVIII,  and  this  Commission  shall  regulate, 
with  the  aid  of  experienced  persons,  whatever  concerns  the 
hydro-technical  constructions,  and  other  analogous  points, 

E  2 


52        CONGRESS  TREATY  OF  VIENNA,  1815 

in  the  most  equitable  manner,  and  conformably  to  the 
mutual  interests  of  the  Prussian  States  and  of  those  of  the 
Netherlands.  This  same  disposition  extends  to  the  regula- 
tion of  the  limits  in  the  Districts  of  Kyfwaerd,  Lobith,  and 
all  the  territory  to  Kekerdom. 

The  places  (enclaves)  named  Huissen,  Malburg,  Lymers, 
with  the  town  of  Sevenaer,  and  the  Lordship  of  Weel,  shall 
form  a  part  of  the  kingdom  of  the  Netherlands,  and  His 
Prussian  Majesty  renounces  them  in  perpetuity  for  himself, 
his  heirs  and  successors. 

His  Majesty  the  King  of  Prussia,  in  uniting  to  his  States 
the  provinces  and  districts  designated  in  the  present  Article, 
enters  into  all  the  rights  and  takes  upon  himself  all  the 
charges  and  engagements  stipulated  with  respect  to  the 
countries  dismembered  from  France  by  the  Treaty  of  Paris 
of  the  30th  May,  1814. 

The  Prussian  provinces  upon  the  two  banks  of  the  Rhine, 
as  far  as  above  the  town  of  Cologne,  which  shall  also  be 
comprised  within  this  district,  shall  bear  the  name  of 
Grand  Duchy  of  the  Lower  Rhine,  and  His  Majesty  shall 
assume  the  title  of  it. 

Kingdom  of  Hanover. 

ARTICLE  XXVI.  His  Majesty  the  King  of  the  United 
Kingdom  of  Great  Britain  and  Ireland,  having  substituted 
to  his  ancient  title  of  Elector  of  the  Holy  Roman  Empire, 
that  of  King  of  Hanover,  and  this  title  having  been  acknow- 
ledged by  all  the  Powers  of  Europe,  and  by  the  Princes 
and  Free  Towns  of  Germany,  the  countries  which  have  till 
now  composed  the  Electorate  of  Brunswick-Luneburg, 
according  as  their  limits  have  been  recognised  and  fixed 
for  the  future,  by  the  following  Articles,  shall  henceforth 
form  the  Kingdom  of  Hanover.1 

Cessions  by  the  King  of  Prussia  to  the  Kingdom  of  Hanover. 

ARTICLE  XXVII.  His  Majesty  the  King  of  Prussia  cedes 
to  His  Majesty  the  King  of  the  United  Kingdom  of  Great 
Britain  and  Ireland,  King  of  Hanover,  to  be  possessed 
by  His  Majesty  and  his  successors,  in  full  property  and 
Sovereignty : 

1  The  Kingdom  of  Hanover  was  annexed  to  the  Prussian  Dominions 
by  a  Decree  of  the  King  of  Prussia  of  September  20,  1866.  (See 
State  Papers,  vol.  Ivi,  p.  1067.) 


CONGRESS  TREATY  OF  VIENNA,  1815        53 

1.  The  Principality  of  Hildesheim,  which  shall  pass 
under  the  Government  of  His  Majesty,  with  all  the  rights 
and  all  the  charges  with  which  the  said  Principality  was 
transferred  to  the  Prussian  Government ; 

2.  The  Town  and  Territory  of  Goslar  ; 

3.  The   Principality  of   East  Frieseland  (Ost  Friese), 
including  the  country  called  Harlingerland,  under  the  con- 
ditions reciprocally  stipulated  in  Article  XXX  for  the 
navigation  of  the  Ems  and  the  commerce  of  the  port  of 
Embden.     The  States  of  the  Principality  shall  preserve 
their  rights  and  privileges  ; 

4.  The  Lower  County  (Nieder  Grafschaft)  of  Lingen,  and 
the  part  of  the  Principality  of  Prussian  Munster  which  is 
situated  between  this  county  and  the  part   of  Rheina- 
Wolbeck  occupied  by  the  Hanoverian  Government ;    but 
as  it  has  been  agreed  that  the  kingdom  of  Hanover  shall 
obtain  by  this  cession  an  accession  of  territory,  comprising 
a  population  of  22,000  souls,  and  as  the  Lower  County  of 
Lingen  and  the  part  of  the  Principality  of  Munster  here 
mentioned,  might  not  come  up  to  this  condition,   His 
Majesty  the  King  of  Prussia  engages  to  cause  the  line  of 
demarcation  to  be  extended  into  the  Principality  of  Munster, 
as  far  as  may  be  necessary  to  contain  that  population. 
The   Commission,   which   the   Prussian   and   Hanoverian 
Governments  shall  name  without  delay,  to  proceed  to  the 
exact  regulation  of  the  limits,  shall  be  particularly  charged 
with  the  execution  of  this  provision. 

His  Prussian  Majesty  renounces  in  perpetuity,  for  him- 
self, his  descendants,  and  successors,  the  Provinces  and 
Territories  mentioned  in  the  present  Article,  as  well  as  all 
the  rights  which  have  any  relation  to  them. 

Renunciation  by  Prussia  of  the  Chapter  of  St.  Peter  at  Noerten. 

ARTICLE  XXVIII.  His  Majesty  the  King  of  Prussia 
renounces  in  perpetuity,  for  himself,  his  descendants,  and 
successors,  all  right  and  claim  whatever  that  His  Majesty, 
in  his  quality  of  Sovereign  of  Eichsfeld,  might  advance  to 
the  Chapter  of  St.  Peter,  in  the  borough  of  Noerten,  or  to 
its  dependencies,  situated  in  the  Hanoverian  territory. 

Cessions  by  the  Kingdom  of  Hanover  to  Prussia. 

ARTICLE  XXIX.  His  Majesty  the  King  of  the  United 
Kingdom  of  Great  Britain  and  Ireland,  King  of  Hanover, 


54        CONGRESS  TREATY  OF  VIENNA,  1815 

cedes  to  His  Majesty  the  King  of  Prussia,  to  be  possessed 
by  him  and  his  successors,  in  full  property  and  sovereignty  : 

1.  That  part  of  the  Duchy  of  Lauenburg  situated  upon 
the  right  bank  of  the  Elbe,  with  the  villages  of  Luneburg, 
situated  on  the  same  bank.    The  part  of  the  duchy  upon 
the  left  bank  remains  to  the  kingdom  of  Hanover.    The 
States  of  that  part  of  the  duchy  which  passes  under  the 
Prussian    Government    shall    preserve    their    rights    and 
privileges ;    especially  those  founded  upon  the  provincial 
Reces  of  the  I5th  September,  1702,  and  confirmed  by  the 
King  of  Great  Britain,  now  reigning,  under  date  of  2ist 
June,  1765  ; 

2.  The  Bailiwick  of  Klotze  ; 

3.  The  Bailiwick  of  Elbingerode  ; 

4.  The  Villages  of  Rudigershagen  and  Gaenseteich  ; 

5.  The  Bailiwick  of  Reckeberg. 

His  Britannic  Majesty,  King  of  Hanover,  renounces  for 
himself,  his  descendants  and  successors  for  ever,  the 
Provinces  and  Districts  specified  in  the  present  Article, 
and  all  the  rights  which  have  reference  to  them. 

Navigation  and  Commerce  between  the  two  States. 

ARTICLE  XXX.  His  Majesty  the  King  of  Prussia,  and 
His  Britannic  Majesty,  King  of  Hanover,  animated  with 
the  desire  of  entirely  equalising  the  advantages  of  the 
commerce  of  the  Ems  and  of  the  Port  of  Embden,  and  of 
rendering  them  common  to  their  respective  subjects,  have 
agreed  on  this  head  to  what  follows  : — 

1.  The  Hanoverian  Government  engages  to  cause  to 
be  executed,  at  its  expense,  in  the  years  1815  and  1816, 
the  works  which  a  Commission,  composed  partly  of  artists,1 
and  to  be  immediately  appointed  by  Prussia  and  Hanover, 
shall  deem  necessary  to  render  navigable  that  part  of  the 
river  Ems  which  extends  from  the  Prussian  frontier  to  its 
mouth,  and  to  keep  it,  after  the  execution  of  such  works, 
always  in  the  same  state  in  which  those  works  shall  have 
placed  it  for  the  benefit  of  navigation. 

2.  The  Prussian  subjects  shall  be  allowed  to  import  and 
export,  by  the  port  of  Embden,  all  kinds  of  provisions, 
productions,  and  goods,  whether  natural  or  artificial,  and 
to  keep  in  the  town  of  Embden,  warehouses  wherein  to 

1  '  A  mixed  commission  of  experts.'  See  French  version,  State 
Papers,  vol.  ii,  p.  24. 


CONGRESS  TREATY  OF  VIENNA,  1815        55 

place  the  said  goods  for  two  years,  dating  from  their 
arrival  in  the  towns,  without  their  being  subject  to  any 
other  inspection  than  that  to  which  those  of  the  Hanoverian 
subjects  are  liable. 

3.  The  Prussian  vessels  and  merchants  of  the  same 
nation  shall  not  pay  for  navigation,  for  exportation  or 
importation  of  merchandise,  or  for  warehousing,  any  other 
tolls  or  duties  than  those  charged  upon  the  Hanoverian 
subjects.     These  tolls  and  duties  shall  be  regulated  by 
agreement  between  Prussia  and  Hanover,  and  no  altera- 
tion shall  be  introduced  into  the  tariff  hereafter  but  by 
mutual  consent.    The  privileges  and  liberties  just  specified 
extend  equally  to  those  Hanoverian  subjects  who  navigate 
that  part  of  the  river  Ems  which  remains  to  the  King  of 
Prussia. 

4.  Prussian  subjects  shall  not  be  compellable  to  employ 
the  merchants  of  Embden  for  the  trade  they  carry  on  with 
that  port ;    they  shall  be  at  liberty  to  dispose  of  their 
commodities  either  to  the  inhabitants  of  the  town  or  to 
foreigners,  without  paying  any  other  duties  than  those  to 
which  the  Hanoverian  subjects  are  subjected,  and  which 
cannot  be  raised  but  by  mutual  consent. 

His  Majesty  the  King  of  Prussia,  on  his  part,  engages  to 
grant  to  Hanoverian  subjects  the  free  navigation  of  the 
canal  of  the  Stecknitz,  so  as  not  to  exact  from  them  any 
other  duties  than  those  which  shall  be  paid  by  the  inhabi- 
tants of  the  Duchy  of  Lauenburg.  His  Prussian  Majesty 
engages,  besides,  to  insure  these  advantages  to  Hanoverian 
subjects,  should  he  hereafter  cede  the  Duchy  of  Lauenburg 
to  another  Sovereign. 

Military  Roads. 

ARTICLE  XXXI.  His  Majesty  the  King  of  Prussia  and 
His  Majesty  the  King  of  the  United  Kingdom  of  Great 
Britain  and  Ireland,  King  of  Hanover,  mutually  agree  to 
three  military  roads  through  their  respective  dominions. 

ist.  One  from  Halberstadt,  through  the  country  of 
Hildesheim,  to  Minden. 

2nd.  A  second  from  the  Old  March,  through  Gifhorn 
and  Neustadt,  to  Minden. 

3rd.  A  third  from  Osnabruck,  through  Ippenbiiren  and 
Rheina  to  Bentheim. 

The  two  first  in  favour  of  Prussia,  and  the  third  in 
favour  of  Hanover. 


56        CONGRESS  TREATY  OF  VIENNA,  1815 

The  two  Governments  shall  appoint,  without  delay, 
a  Commission  to  prepare,  by  common  consent,  the  neces- 
sary regulations  for  the  establishment  of  the  said  roads. 

Relations  of  the  Due  de  Looz-Corswaren  and  of  the  County 
of  Bentheim  with  the  Kingdom  of  Hanover. 

ARTICLE  XXXII.  The  Bailiwick  of  Meppen,  belonging 
to  the  Duke  of  Aremberg,  as  well  as  the  part  of  Rheina- 
Wolbeck,  belonging  to  the  Duke  of  Looz-Corswaren,  which 
at  this  moment  are  provisionally  occupied  by  the  Hano- 
verian Government,  shall  be  placed  in  such  relations  with 
the  Kingdom  of  Hanover,  as  the  Federative  Constitution 
of  Germany  shall  regulate  for  the  mediatised  territories. 

The  Prussian  and  Hanoverian  Governments  having 
nevertheless  reserved  to  themselves  to  agree  hereafter,  if 
necessary,  to  the  fixing  of  another  line  of  frontier  with 
regard  to  the  county  belonging  to  the  Duke  of  Looz- 
Corswaren,  the  said  Governments  shall  charge  the  Com- 
mission they  may  name  for  fixing  the  limits  of  the  part 
of  the  County  of  Lingen  ceded  to  Hanover,  to  deliberate 
thereupon,  and  to  adjust  definitively  the  frontiers  of  that 
part  of  the  county  belonging  to  the  Duke  of  Looz-Corswaren, 
which,  as  aforesaid,  is  to  be  possessed  by  the  Hanoverian 
Government. 

The  relations  between  the  Hanoverian  Government 
and  the  County  of  Bentheim  shall  remain  as  regulated  by 
the  Treaties  of  Mortgage  existing  between  His  Britannic 
Majesty  and  the  Count  of  Bentheim  ;  and  when  the  rights 
derived  from  this  Treaty  shall  have  expired,  the  relations 
of  the  County  of  Bentheim  towards  the  Kingdom  of 
Hanover  shall  be  such  as  the  Federative  Constitution  of 
Germany  shall  regulate  for  the  mediatised  territories. 

Cession  to  be  made  by  the  King  of  Hanover  to  the  Duke  of 
Oldenburg. 

ARTICLE  XXXIII.  His  Britannic  Majesty,  King  of 
Hanover,  in  order  to  meet  the  wishes  of  His  Prussian 
Majesty  to  procure  a  suitable  arrondissement  of  territory 
for  His  Serene  Highness  the  Duke  of  Oldenburg,  promises 
to  cede  to  him  a  district  containing  a  population  of  5,000 
inhabitants. 


CONGRESS  TREATY  OF  VIENNA,  1815        57 

Title  of  Grand  Duke  in  the  House  of  Holstein-Oldenburg. 

ARTICLE  XXXIV.  His  Serene  Highness  the  Duke  of 
Holstein-Oldenburg  shall  assume  the  title  of  Grand  Duke 
of  Oldenburg. 

Title  of  Grand  Duke  in  the  Houses  of  Mecklenburg-Schwerin 
and  Mecklenburg-Strelitz. 

ARTICLE  XXXV.  Their  Serene  Highnesses  the  Dukes 
of  Mecklenburg-Schwerin  and  Mecklenburg-Strelitz  shall 
assume  the  titles  of  Grand  Dukes  of  Mecklenburg-Schwerin 
and  Strelitz. 

Title  of  Grand  Duke  in  the  House  of  Saxe-Weimar. 

ARTICLE  XXXVI.  His  Highness  the  Duke  of  Saxe- 
Weimar  shall  assume  the  title  of  Grand  Duke  of  Saxe- 
Weimar. 

Cessions  to  be  made  by  Prussia  to  the  Grand  Duke  of  Saxe- 
Weimar. 

ARTICLE  XXXVII.  His  Majesty  the  King  of  Prussia 
shall  cede  from  the  mass  of  his  States,  as  they  have  been 
fixed  and  recognised  by  the  present  Treaty,  to  His  Royal 
Highness  the  Grand  Duke  of  Saxe-Weimar,  districts  con- 
taining a  population  of  50,000  inhabitants,  contiguous  to, 
or  bordering  upon,  the  Principality  of  Weimar. 

His  Prussian  Majesty  engages  also  to  cede  to  His  Royal 
Highness  out  of  that  part  of  the  Principality  of  Fulda 
which  has  been  given  up  to  him  in  virtue  of  the  same 
stipulations,  districts  containing  a  population  of  27,000 
inhabitants. 

His  Royal  Highness  the  Grand  Duke  of  Weimar  shall 
possess  the  above  districts  in  full  property  and  Sovereignty, 
and  shall  unite  them  in  perpetuity  to  his  present  States. 

Ulterior  Arrangements  respecting  these  Cessions. 

ARTICLE  XXXVIII.  The  districts  and  territories  which 
are  to  be  ceded  to  His  Royal  Highness  the  Grand  Duke  of 
Saxe-Weimar,  in  virtue  of  the  preceding  Article,  shall  be 
determined  by  a  particular  Convention  ;  and  His  Majesty 
the  King  of  Prussia  engages  to  conclude  this  Convention, 


58        CONGRESS  TREATY  OF  VIENNA,  1815 

and  to  cause  the  above  districts  and  territories  to  be  given 
up  to  His  Royal  Highness,  within  two  months  from  the 
date  of  the  exchange  of  the  ratifications  of  the  Treaty 
concluded  at  Vienna,  ist  June,  1815,  between  His  Prussian 
Majesty  and  His  Royal  Highness  the  Grand  Duke. 

Territories  to  be  made  over  immediately  to  the  Grand  Duke  of 
Weimar. 

ARTICLE  XXXIX.  His  Majesty  the  King  of  Prussia, 
however,  cedes  immediately,  and  promises  to  give  up  to 
His  Royal  Highness,  in  the  space  of  a  fortnight,  reckoning 
from  the  signature  of  the  above-mentioned  Treaty,  the 
following  districts  and  territories  ;  viz., 

The  Lordship  of  Blankenhayn,  with  the  reservation  of 
the  Bailiwick  of  Wandersleben,  belonging  to  Unter- 
Gleichen,  which  is  not  to  be  comprised  in  this  cession  ; 

The  Lower  Lordship  (Niedere-Herrschaft)  of  Kranichfeld, 
the  Commanderies  of  the  Teutonic  order  of  Zwaetzen, 
Lehesten,  and  Liebstadt,  with  their  demesnial  revenues, 
which,  constituting  a  part  of  the  Bailiwick  of  Eckartsberga, 
are  inclosed  in  the  territory  of  Saxe- Weimar,  as  well  as 
all  the  other  territories  inclosed  within  the  Principality  of 
Weimar,  and  belonging  to  the  said  bailiwick  ;  the  Bailiwick 
of  Tautenburg,  with  the  exception  of  Droizen,  Gorschen, 
Wethalung,  Wetterscheid,  and  Mollschiitz,  which  shall 
remain  to  Prussia  ; 

The  Village  of  Remssla,  as  well  as  the  Villages  of  Klein- 
Brembach  and  Berlstedt,  inclosed  within  the  Principality 
of  Weimar,  and  belonging  to  the  territory  of  Erfurth  ; 

The  property  of  the  Villages  of  Bischoffsroda  and 
Probsteizella,  inclosed  within  the  territory  of  Eisenach, 
the  Sovereignty  of  which  already  belongs  to  His  Royal 
Highness  the  Grand  Duke. 

The  population  of  these  different  districts  is  understood 
to  form  part  of  that  of  50,000  souls,  secured  to  His  Royal 
Highness  the  Grand  Duke  of  Saxe-Weimar,  by  Article 
XXXVII,  and  shall  be  deducted  from  it. 

Cession  of  a  Portion  of  the  former  Department  of  Fulda  to 
Prussia. 

ARTICLE  XL.  The  Department  of  Fulda,  together  with 
the  territories  of  the  ancient  Nobility  (I'Ancienne  Noblesse 


CONGRESS  TREATY  OF  VIENNA,  1815        59 

immediate  de  I'Empire)  comprised,  at  this  moment,  under 
the  provisional  administration  of  this  department,  viz.  : 
Mansbach,  Buchenau,  Werda,  Lengsfeld;  excepting,  how- 
ever, the  following  bailiwicks  and  territories,  viz. ;  the 
Bailiwicks  of  Hammelburg,  with  Thulba  and  Saaleck, 
Briickenau  with  Motten,  Saalmiinster,  with  Urzel  and 
Sonnerz ;  also  the  part  of  the  Bailiwick  of  Biberstein, 
which  contains  the  villages  of  Batten,  Brand,  Dietges, 
Findlos,  Liebharts,  Melperz,  Ober-Bernhardt,  Saifferts, 
and  Thaiden,  as  well  as  the  domain  of  Holzkirchen,  inclosed 
in  the  Grand  Duchy  of  Wiirtzburg  ;  is  ceded  to  His 
Majesty  the  King  of  Prussia,  and  he  shall  be  put  in  posses- 
sion of  it  within  three  weeks  from  and  after  the  ist  June 
of  this  year. 

His  Prussian  Majesty  engages  to  take  upon  himself,  in 
proportion  to  that  part  of  the  territory  which  he  obtains 
by  the  present  Article,  his  share  of  the  obligations  which 
all  the  new  possessors  of  the  heretofore  Grand  Duchy  of 
Frankfort  will  have  to  fulfil,  and  to  transfer  such  engage- 
ments to  the  Princes  with  whom  His  Majesty  may  hereafter 
make  exchanges  or  cessions  of  these  districts  and  territories 
of  the  Department  of  Fulda. 


Arrangements  relative  to  the  Purchasers  of  Domains  in  the 
Principality  of  Fulda  and  the  County  of  Hanau. 

ARTICLE  XLI.  The  domains  of  the  Principality  of  Fulda 
and  of  the  County  of  Hanau  having  been  sold  to  purchasers, 
who  have  not  as  yet  made  good  all  their  instalments, 
a  Commission  shall  be  named  by  the  Princes  to  whom  the 
said  domains  are  transferred,  to  regulate,  in  an  uniform 
manner,  whatever  has  any  reference  to  this  transaction, 
and  to  do  justice  to  the  claims  of  the  purchasers  of  the 
said  domains.  This  Commission  shall  pay  particular 
attention  to  the  Treaty  concluded  at  Frankfort,  on  the 
2nd  December,  1813,  between  the  Allied  Powers  and  His 
Royal  Highness  the  Elector  of  Hesse  ;  and  it  is  laid  down 
as  a  principle,  that  in  case  the  sale  of  these  domains  should 
not  be  considered  as  binding,  the  purchasers  shall  receive 
back  the  sums  already  discharged,  and  they  shall  not  be 
obliged  to  quit  before  such  restitution  shall  have  had  its 
full  and  entire  effect. 


60        CONGRESS  TREATY  OF  VIENNA,  1815 

Cession  of  the  Town  of  Wetzlar  to  His  Majesty  the  King  of 
Prussia. 

ARTICLE  XLII.  The  Town  and  Territory  of  Wetzlar 
passes,  in  all  property  and  Sovereignty,  to  His  Majesty 
the  King  of  Prussia. 

Relations  of  the  Mediatised  Districts  of  the  Old  Circle  of 
Westphalia  with  the  Prussian  Monarchy. 

ARTICLE  XLIII.  The  following  Mediatised  districts, 
viz.  ;  the  possessions  which  the  Princes  of  Salm-Salm 
and  Salm-Kyrburg,  the  Counts  called  the  Rhein-  und 
Wildgrafen,  and  the  Duke  of  Croy,  obtained  by  the  principal 
Reces  of  the  extraordinary  Deputation  of  the  Empire,  of 
the  25th  February,  1803,  in  the  old  Circle  of  Westphalia, 
as  well  as  the  Lordships  of  Anholt  and  Gehmen,  the  posses- 
sions of  the  Duke  of  Looz-Corswaren,  which  are  in  the  same 
situation  (in  so  far  as  they  are  not  placed  under  the  Hano- 
verian Government),  the  County  of  Steinfurt,  belonging 
to  the  Count  of  Bentheim-Bentheim,  the  County  of  Reck- 
lingshausen,  belonging  to  the  Duke  of  Aremberg,  the 
Lordships  of  Rheda,  Giitersloh,  and  Gronau,  belonging  to 
the  Count  of  Bentheim-Tecklenburg,  the  County  of  Ritt- 
berg,  belonging  to  the  Prince  of  Kaunitz,  the  Lordships 
of  Neustadt  and  Gimborn,  belonging  to  the  Count  of 
Walmoden,  and  the  Lordship  of  Homburg,  belonging  to  the 
Princes  of  Sayn-Wittgenstein-Berleburg,  shall  be  placed 
in  such  relations  with  the  Prussian  Monarchy  as  the 
Federative  Constitution  of  Germany  shall  regulate  for  the 
Mediatised  territories. 

The  possessions  of  the  ancient  Nobility  (I'Ancienne 
Noblesse  immediate  de  I'Empire)  within  the  Prussian 
territory,  and  particularly  the  Lordship  of  Wildenberg,  in 
the  Grand  Duchy  of  Berg,  and  the  Barony  of  Schauen,  in 
the  Principality  of  Halberstadt,  shall  belong  to  the  Prussian 
Monarchy. 

Cession  of  the  Grand  Duchy  of  Wurtzburg  and  of  the  Prin- 
cipality of  Aschaffenburg  to  the  King  of  Bavaria. 

ARTICLE  XLIV.  His  Majesty  the  King  of  Bavaria  shall 
possess,  for  himself,  his  heirs  and  successors,  in  full  property 
and  Sovereignty,  the  Grand  Duchy  of  Wurtzburg,  as  it 


CONGRESS  TREATY  OF  VIENNA,  1815        61 

was  held  by  His  Imperial  Highness  the  Archduke  Ferdinand 
of  Austria,  and  the  Principality  of  Aschaffenburg,  such  as 
it  constituted  part  of  the  Grand  Duchy  of  Frankfort, 
under  the  denomination  of  Department  of  Aschaffenburg. 

Maintenance  of  the  Prince  Primate. 

ARTICLE  XLV.  With  respect  to  the  rights  and  pre- 
rogatives, and  the  maintenance  of  the  Prince  Primate  as 
an  ancient  ecclesiastical  Prince,  it  is  determined  ; 

ist.  That  he  shall  be  treated  in  a  manner  analogous  to 
the  Articles  of  the  Reces,  which,  in  1803,  regulated  the 
situation  of  the  secularised  Princes,  and  to  the  practice 
observed  with  regard  to  them. 

2ndly.  He  shall  receive  for  this  purpose,  dating  from  the 
ist  of  June,  1814,  the  sum  of  100,000  florins,  by  payments 
of  three  months,  in  good  specie,  at  the  rate  of  24  florins 
to  the  mark,  as  an  annuity. 

This  annuity  shall  be  paid  by  the  Sovereigns  under  whose 
Governments  the  provinces  or  districts  of  the  Grand  Duchy 
of  Frankfort  pass,  in  proportion  to  the  part  which  each  of 
them  shall  possess. 

3dly.  The  advances  made  by  the  Prince  Primate,  from 
his  private  purse,  to  the  general  chest  of  the  Principality 
of  Fulda,  such  as  they  have  been  liquidated  and  proved, 
shall  be  refunded  to  him,  his  heirs,  or  executors. 

This  expenditure  shall  be  defrayed  in  proportions  by 
the  Sovereigns  who  shall  possess  the  provinces  and  districts 
composing  the  Principality  of  Fulda. 

4thly.  The  furniture  and  other  objects  which  may  be 
proved  to  belong  to  the  private  property  of  the  Prince 
Primate,  shall  be  restored  to  him. 

5thly.  The  officers  of  the  Grand  Duchy  of  Frankfort,  as 
well  civil  and  ecclesiastical  as  military  and  diplomatic, 
shall  be  treated  conformably  to  the  principles  of  Article  LIX 
of  the  Reces  of  the  Empire,  dated  the  25th  February,  1803, 
and  from  the  ist  of  June  the  pensions  shall  be  proportion- 
ably  paid  by  the  Sovereigns  who  enter  on  the  possession 
of  the  States  which  formed  the  said  Grand  Duchy  since 
the  ist  of  June,  1814. 

6thly.  A  Commission  shall  be  established  without  delay, 
composed  of  members  appointed  by  the  said  Sovereigns, 
to  regulate  whatever  relates  to  the  execution  of  the  dis- 
positions comprised  in  this  Article. 


62  •      CONGRESS  TREATY  OF  VIENNA,  1815 

7thly.  It  is  understood,  that  in  virtue  of  this  arrange- 
ment, any  claim  that  might  be  advanced  against  the  Prince 
Primate,  in  his  character  of  Grand  Duke  of  Frankfort,  shall 
be  annulled,  and  that  he  shall  not  be  molested  on  account 
of  any  reclamation  of  this  nature. 

Free  Town  of  Frankfort. 

ARTICLE  XLVI.  The  City  of  Frankfort,  with  its  territory, 
such  as  it  was  in  1803,  is  declared  Free,  and  shall  constitute 
a  part  of  the  Germanic  League.  Its  institutions  shall  be 
founded  upon  the  principle  of  a  perfect  equality  of  rights 
for  the  different  sects  of  the  Christian  religion.  This 
equality  of  rights  shall  extend  to  all  civil  and  political 
rights,  and  shall  be  observed  in  all  matters  of  government 
and  administration.  The  disputes  which  may  arise,  whether 
in  regard  to  the  establishment  of  the  Constitution,  or  in 
regard  to  its  maintenance,  shall  be  referred  to  the  Germanic 
Diet,  and  can  only  be  decided  by  the  same.1 

Indemnities  to  the  Grand  Duke  of  Hesse. 

ARTICLE  XLVIL  His  Royal  Highness  the  Grand  Duke 
of  Hesse,  in  exchange  for  the  Duchy  of  Westphalia,  ceded 
to  His  Majesty  the  King  of  Prussia,  obtains  a  territory  on 
the  left  bank  of  the  Rhine,  in  the  ancient  Department  of 
Mont-Tonnerre,  comprising  a  population  of  140,000  inhabi- 
tants. His  Royal  Highness  shall  possess  this  territory  in 
full  Sovereignty  and  property.  He  shall  likewise  obtain 
the  property  of  that  part  of  the  Salt  Mines  of  Kreutznach 
which  is  situated  on  the  left  bank  of  the  Nahe,  but  the 
Sovereignty  of  them  shall  remain  to  Prussia. 

Reinstatement  of  the  Landgrave  of  Hesse-Honiburg. 

ARTICLE  XLVIII.  The  Landgrave  of  Hesse-Homburg  is 
reinstated  in  his  possessions,  revenues,  rights,  and  political 
relations,  of  which  he  was  deprived  in  consequence  of  the 
Confederation  of  the  Rhine. 


»  The  Free  Town  of  Frankfort  was  annexed  to  Prussia  by  Decree 
dated  September  20,  1866.  (See  Hertslet's  Map  of  Europe  by 
Treaty,  vol.  i,  p.  240,  foot-note.) 


CONGRESS  TREATY  OF  VIENNA,  1815        63 

Territories  reserved  for  the  Houses  of  Oldenburg,  Saxe- 
Coburg,  Meckleriburg-Strelitz,  Hesse-Homburg,  and  the 
Count  of  Pappenheim. 

ARTICLE  XLIX.  In  the  ci-devant  Department  of  the 
Sarre,  on  the  Frontiers  of  the  States  of  His  Majesty  the 
King  of  Prussia,  there  is  reserved  a  district,  containing 
a  population  of  69,000  souls,  to  be  disposed  of  in  the 
following  manner : — The  Duke  of  Saxe-Coburg  and  the 
Duke  of  Oldenburg  shall  obtain  each  a  territory  comprising 
20,000  inhabitants.  The  Duke  of  Mecklenburg-Strelitz  and 
the  Landgrave  of  Hesse-Homburg,  each  a  Territory  com- 
prising 10,000  inhabitants  ;  and  the  Count  of  Pappenheim 
a  Territory  comprising  9,000  inhabitants. 

The  territory  of  the  Count  of  Pappenheim  shall  be  under 
the  Sovereignty  of  His  Prussian  Majesty. 

Future  Arrangements  respecting  these  Territories. 

ARTICLE  L.  The  acquisitions  assigned  by  the  preceding 
Article  to  the  Dukes  of  Saxe-Coburg,  Oldenburg,  Mecklen- 
burg-Strelitz, and  the  Landgrave  of  Hesse-Homburg,  not 
being  contiguous  to  their  respective  States,  their  Majesties 
the  Emperor  of  Austria,  the  Emperor  of  all  the  Russias, 
and  the  Kings  of  Great  Britain  and  Prussia,  promise  to 
employ  their  good  offices,  at  the  close  of  the  present  war, 
or  as  soon  as  circumstances  shall  permit,  in  order  to  pro- 
cure for  the  said  Princes,  either  by  exchanges  or  any  other 
arrangements,  the  advantages  that  they  are  disposed  to 
insure  to  them  ;  and  that  the  administration  of  the  said 
districts  may  be  rendered  less  complicated,  it  is  agreed 
that  they  shall  be  provisionally  under  the  Prussian  adminis- 
tration for  the  benefit  of  the  new  proprietors. 

Territory  on  the  two  Banks  of  the  Rhine  ceded  to  the  Emperor 

of  Austria. 

ARTICLE  LI.  All  the  territories  and  possessions,  as  well 
on  the  left  bank  of  the  Rhine,  in  the  old  Departments  of 
the  Sarre  and  Mont-Tonnerre,  as  in  the  former  Depart- 
ments of  Fulda  and  Frankfort,  or  inclosed  in  the  adjacent 
countries,  placed  at  the  disposal  of  the  Allied  Powers  by 
the  Treaty  of  Paris  of  3oth  May,  1814,  and  not  disposed 
of  by  other  Articles  of  the  present  Treaty,  shall  pass  in 
full  Sovereignty  and  property,  under  the  Government  of 
His  Majesty  the  Emperor  of  Austria. 


64        CONGRESS  TREATY  OF  VIENNA,  1815 

Principality  of  Isenburg. 

ARTICLE  LII.  The  Principality  of  Isenburg  is  placed 
under  the  Sovereignty  of  His  Imperial  and  Royal  Apostolic 
Majesty,  and  shall  belong  to  him,  under  such  limitations 
as  the  Federative  Constitution  of  Germany  shall  regulate 
for  the  Mediatised  States. 

Germanic  Confederation. 

ARTICLE  LIII.  The  Sovereign  Princes  and  Free  Towns 
of  Germany,  under  which  denomination,  for  the  present 
purpose,  are  comprehended  their  Majesties  the  Emperor  of 
Austria,  the  Kings  of  Prussia,  of  Denmark,  and  of  the 
Netherlands  ;  that  is  to  say  : — 

The  Emperor  of  Austria  and  the  King  of  Prussia,  for  all 
their  possessions  which  anciently  belonged  to  the  German 
Empire ; 

The  King  of  Denmark,  for  the  Duchy  of  Holstein  ; 

And  the  King  of  the  Netherlands,  for  the  Grand  Duchy 
of  Luxemburg ; 

establish  among  themselves  a  perpetual  Confederation, 
which  shall  be  called  '  The  Germanic  Confederation  '.* 

Object  of  this  Confederation. 

ARTICLE  LIV.  The  object  of  this  Confederation  is  the 
maintenance  of  the  external  and  internal  safety  of  Germany, 
and  of  the  Independence  and  Inviolability  of  the  Con- 
federated States. 

Equality  of  its  Members. 

ARTICLE  LV.  The  Members  of  the  Confederation,  as 
such,  are  equal  with  regard  to  their  rights  ;  and  they  all 
equally  engage  to  maintain  the  Act  which  constitutes  their 
union. 

Federative  Diet. 

ARTICLE  LVI.  The  affairs  of  the  Confederation  shall  be 
confided  to  a  Federative  Diet,  in  which  all  the  Members 
shall  vote  by  their  Plenipotentiaries,  either  individually  or 
collectively,  in  the  following  manner,  without  prejudice  to 
their  rank  : — 

1  The  Germanic  Confederation  was  dissolved  after  the  Austro- 
Prussian  War  of  1 866,  and  replaced  by  the  North  German  Confedera- 
tion, of  which  Austria  was  not  a  member.  This  again  was  replaced, 
after  the  Franco-German  War  of  1870-1,  by  the  German  Empire. 


CONGRESS  TREATY  OF  VIENNA,  1815        65 

1.  Austria  .  .  .  .  .1  Vote. 

2.  Prussia  .  .  .  .  .     i 

3.  Bavaria  .  .  .  .              i 

4.  Saxony  .  .  .  .  .     i 

5.  Hanover  .  .  .  .  .     i 

6.  -  Wurtemberg  .....     i 

7.  Baden  ....  .     i 

8.  Electoral  Hesse1    .         .         .  i 

9.  Grand  Duchy  of  Hesse 2  .         .          .     i 

10.  Denmark,  for  Holstein    .         .         .     i 

11.  The  Netherlands,  for  Luxemburg     .     i 

12.  Grand-Ducal  and  Ducal  Houses  of 

Saxony    .         .         .         .         .  i 

13.  Brunswick  and  Nassau   .         .         .  i 

14.  Mecklenburg-Schwerin  and  Strelitz  .  i 

15.  Holstein-Oldenburg,     Anhalt     and 

Schwartzburg  .         .         .  i     ,, 

16.  Hohenzollern,  Liechtenstein,  Reuss, 

Schaumburg-Lippe,    Lippe   and 
Waldeck .         .         .  .     i     ,, 

17.  The  Free  Towns  of  Lubeck,  Frank- 

fort, Bremen,  and  Hamburgh     .     i     ,, 

Total.         .         .         .  17  Votes. 

• 
Presidency  of  Austria. 

ARTICLE  LVII.  Austria  shall  preside  at  the  Federative 
Diet.  Each  State  of  the  Confederation  has  the  right  of 
making  propositions,  and  the  presiding  State  shall  bring 
them  under  deliberation  within  a  definite  time. 

Composition  of  the  General  Assembly. 

ARTICLE  LVIII.  Whenever  fundamental  laws  are  to  be 
enacted,  changes  made  in  the  fundamental  laws  of  the 
Confederation,  measures  adopted  relative  to  the  Federative 
Act  itself,  and  organic  institutions  or  other  arrangements 
made  for  the  common  interest,  the  Diet  shall  form  itself  into 
a  General  Assembly,  and,  in  that  case,  the  distribution  of 
votes  shall  be  as  follows,  calculated  according  to  the 
respective  extent  of  the  individual  States  : — 

1  Hesse-Cassel.  *  Hesse-Darmstadt. 

1903  K 


66        CONGRESS  TREATY  OF  VIENNA,  1815 


Austria  shall  have 

Prussia     .... 

Saxony     .... 

Bavaria     .... 

Hanover   .... 

Wurtemberg 

Baden       .... 

Electoral  Hesse1. 

Grand  Duchy  of  Hesse  2 

Holstein    .... 

Luxemburg 

Brunswick 

Mecklenburg-Schwerin 

Nassau      .... 

Saxe-Weimar     . 

Saxe-Gotha 

Saxe-Coburg 

Saxe-Meiningen . 

Saxe-Hildburghausen . 

Mecklenburg-Strelitz  . 

Holstein-Oldenburg    . 

Anhalt-Dessau  . 

Anhalt-Bernburg 

Anhalt-Kothen  . 

Schwartaburg-Sondershausen 

Schwartzburg-Rudolstadt    . 

Hohenzollern-Heckingen 

Liechtenstein     . 

Hohenzollern-Sigmaringen  . 

Waldeck  .... 

Reuss  (Elder  Branch)  3 

Reuss  (Younger  Branch) 4    . 

Schaumburg-Lippe     . 

Lippe        .... 

The  Free  Town  of  Lubeck  . 
,,  ,,         Frankfort 

„  ,,         Bremen  . 

,,  „         Hamburgh 

Total . 


Vote. 


4  Votes. 

4 

4 

4 

4 

4 

3 

3 

3 

3 

3 

2 

2 
2 

I 

I- 

I 

I 

I 

I 

I 

I 

I 

I 

I 

I 

I 

I 

I 

I 

I 

I 

I 

I 

I 

I 

I 

I 

69  Votes. 


Hesse-Cassel. 
Reuss-Greitz. 


Hesse-Darmstadt. 
Reuss-Schleitz. 


CONGRESS  TREATY  OF  VIENNA,  1815        67 

The  Diet  in  deliberating  on  the  organic  laws  of  the 
Confederation,  shall  consider  whether  any  collective  votes 
ought  to  be  granted  to  the  ancient  Mediatised  States  of 
the  Empire. 

Arrangements  relative  to  the  Diet. 

ARTICLE  LIX.  The  question,  whether  a  subject  is  to  be 
discussed  by  the  General  Assembly,  conformably  to  the 
principles  above  established,  shall  be  decided  in  the  Ordinary 
Assembly  by  a  majority  of  votes.  The  same  Assembly 
shall  prepare  the  drafts  of  resolutions  which  are  to  be 
proposed  to  the  General  Assembly,  and  shall  furnish  the 
latter  with  all  the  necessary  information,  either  for  adopt- 
ing or  rejecting  them. 

The  plurality  of  votes  shall  regulate  the  decisions,  both 
in  the  Ordinary  and  General  Assemblies,  with  this  differ- 
ence, however,  that  in  the  Ordinary  Assembly,  an  absolute 
majority  shall  be  deemed  sufficient,  while,  in  the  other, 
two-thirds  of  the  votes  shall  be  necessary  to  form  the 
majority. 

When  the  votes  are  even  in  the  Ordinary  Assembly,  the 
President  shall  have  the  casting  vote ;  but  when  the 
Assembly  is  to  deliberate  on  the  acceptance  or  change  of 
any  of  the  fundamental  laws,  upon  organic  institutions, 
upon  individual  rights,  or  upon  affairs  of  religion,  the 
plurality  of  votes  shall  not  be  deemed  sufficient,  either  in 
the  Ordinary  or  in  the  General  Assembly. 

The  Diet  is  permanent  :  it  may,  however,  when  the 
subjects  submitted  to  its  deliberation  are  disposed  of, 
adjourn  for  a  fixed  period,  which  shall  not  exceed  four 
months. 

All  ulterior  arrangements  relative  to  the  postponement 
or  the  dispatch  of  urgent  business  which  may  arise  during 
the  recess  shall  be  reserved  for  the  Diet,  which  will  consider 
them  when  engaged  in  preparing  the  organic  laws. 

Order  of  Voting. 

ARTICLE  LX.  With  respect  to  the  order  in  which  the 
members  of  the  Confederation  shall  vote,  it  is  agreed,  that 
while  the  Diet  shall  be  occupied  in  framing  organic  laws, 
there  shall  be  no  fixed  regulation  ;  and  whatever  may  be 
the  order  observed  on  such  an  occasion,  it  shall  neither 

F  2 


68        CONGRESS  TREATY  OF  VIENNA,  1815 

prejudice  any  of  the  members,  nor  establish  a  precedent 
for  the  future.  After  framing  the  organic  laws,  the  Diet 
will  deliberate  upon  the  manner  of  arranging  this  matter 
by  a  permanent  regulation,  for  which  purpose  it  will 
depart  as  little  as  possible  from  those  which  have  been 
observed  in  the  ancient  Diet,  and  more  particularly  accord- 
ing to  the  Reels  of  the  Deputation  of  the  Empire  in  1803. 
The  order  to  be  adopted  shall  in  no  way  affect  the  rank 
and  precedence  of  the  members  of  the  Confederation 
except  in  as  far  as  they  concern  the  Diet. 

Sittings  of  Diet  to  be  held  at  Frankfort. 

ARTICLE  LXI.  The  Diet  shall  assemble  at  Frankfort 
on  the  Maine.  Its  first  meeting  is  fixed  for  the  ist  of 
September,  1815. 

Framing  of  Fundamental  Laws. 

ARTICLE  LXII.  The  first  object  to  be  considered  by 
the  Diet  after  its  opening  shall  be  the  framing  of  the 
fundamental  laws  of  the  Confederation,  and  of  its  organic 
institutions,  with  respect  to  its  exterior,  military,  and 
interior  relations. 

Maintenance  of  Peace  in  Germany. 

ARTICLE  LXIII.  The  States  of  the  Confederation  engage 
to  defend  not  only  the  whole  of  Germany,  but  each  indi- 
vidual State  of  the  Union,  in  case  it  should  be  attacked, 
and  they  mutually  guarantee  to  each  other  such  of  their 
possessions  as  are  comprised  in  this  Union. 

When  war  shall  be  declared  by  the  Confederation,  no 
member  can  open  a  separate  negotiation  with  the  enemy, 
nor  make  peace,  nor  conclude  an  armistice,  without  the 
consent  of  the  other  members. 

The  Confederated  States  engage,  in  the  same  manner, 
not  to  make  war  against  each  other,  on  any  pretext,  nor 
to  pursue  their  differences  by  force  of  arms,  but  to  submit 
them  to  the  Diet,  which  will  attempt  a  mediation  by  means 
of  a  Commission.  If  this  should  not  succeed,  and  a  juridical 
sentence  becomes  necessary,  recourse  shall  be  had  to  a  well 
organized  Austregal  Court  (Austragalinstanz) ,  to  the  decision 
of  which  the  contending  parties  are  to  submit  without 
appeal. 


CONGRESS  TREATY  OF  VIENNA,  1815        69 

Confirmation  of  Particular  Arrangements  of  the  Act  of  the 
Confederation. 

ARTICLE  LXIV.  The  Articles  comprised  under  the  title 
of  Particular  Arrangements,  in  the  Act  of  the  Germanic 
Confederation,  as  annexed  to  the  present  General  Treaty, 
both  in  original  and  in  a  French  translation,  shall  have 
the  same  force  and  validity  as  if  they  were  textually 
inserted  herein. 

Kingdom  of  the  Netherlands. 

ARTICLE  LXV.  The  ancient  United  Provinces  of  the 
Netherlands  and  the  late  Belgic  Provinces,  both  within 
the  limits  fixed  by  the  following  Article,  shall  form — 
together  with  the  countries  and  territories  designated  in 
the  same  Article,  under  the  Sovereignty  of  His  Royal 
Highness  the  Prince  of  Orange-Nassau,  Sovereign  Prince 
of  the  United  Provinces — the  Kingdom  of  the  Nether- 
lands, hereditary  in  the  order  of  succession  already  estab- 
lished by  the  Act  of  the  Constitution  of  the  said  United 
Provinces.  The  title  and  the  prerogatives  of  the  Royal 
dignity  are  recognised  by  all  the  Powers  in  the  House  of 
Orange-Nassau.1 

Boundaries  of  the  Kingdom  of  the  Netherlands. 

ARTICLE  LXVI.  The  line  comprising  the  territories 
which  compose  the  Kingdom  of  the  Netherlands  is  deter- 
mined in  the  following  manner  : — 

It  leaves  the  sea,  and  extends  along  the  frontiers  of 
France  on  the  side  of  the  Netherlands,  as  rectified  and 
fixed  by  Article  III  of  the  Treaty  of  Paris  of  the  3oth  May, 
1814,  to  the  Meuse  ;  thence  along  the  same  frontiers  to 
the  old  limits  of  the  Duchy  of  Luxemburg.  From  this 
point  it  follows  the  direction  of  the  limits  between  that 
Duchy  and  the  ancient  Bishopric  of  Liege,  till  it  meets  (to 
the  south  of  Deiffelt)  the  western  limits  of  that  canton, 
and  of  that  of  Malmedy,  to  the  point  where  the  latter 
reaches  the  limits  between  the  old  Departments  of  the 

1  The  Netherlands  and  Belgium  were  separated  under  the  pro- 
visions of  the  Treaties  of  1831  and  1839,  when  Belgium  was  estab- 
lished as  an  Independent  and  Neutral  State.  This  matter  is  subse- 
quently dealt  with  in  a  separate  chapter,  see  page  126. 


70 

Ourthe  and  the  Roer  ;  it  then  follows  these  limits  to  where 
they  touch  those  of  the  former  French  Canton  of  Eupen, 
in  the  Duchy  of  Limburg,  and  following  the  western  limit 
of  that  canton,  in  a  northerly  direction,  leaving  to  the 
right  a  small  part  of  the  former  French  Canton  of  Aubel, 
joins  the  point  of  contact  of  the  three  old  Departments  of 
the  Ourthe,  the  Lower  Meuse,  and  the  Roer  ;  parting  again 
from  this  point,  this  line  follows  that  which  divides  the  two 
latter  departments,  until  it  reaches  the  Worm  (a  river 
falling  into  the  Roer),  and  goes  along  this  river  to  the 
point  where  it  again  reaches  the  limit  of  these  two  depart- 
ments, pursues  this  limit  to  the  south  of  Hillensberg  (the 
old  Department  of  the  Roer),  from  whence  it  reascends  to 
the  north,  and  leaving  Hillensberg  to  the  right  and  divid- 
ing the  Canton  of  Sittard  into  two  nearly  equal  parts,  so 
that  Sittard  and  Susteren  remain  on  the  left,  it  reaches 
the  old  Dutch  territory,  from  whence,  leaving  this  territory 
to  the  left,  it  goes  on  following  its  eastern  frontier  to  the 
point  where  it  touches  the  old  Austrian  Principality  of 
Guelders,  on  the  south  side  of  Ruremonde,  and  directing 
itself  towards  the  most  eastern  point  of  the  Dutch  territory, 
to  the  north  of  Swalmen,  continues  to  inclose  this  territory. 

Lastly,  setting  out  from  the  most  eastern  point  it  joins 
that  part  of  the  Dutch  territory  in  which  Venloo  is  situated ; 
that  town  and  its  territory  being  included  within  it. 
From  thence  to  the  old  Dutch  frontier  near  Mook,  situated 
above  Genep,  the  line  follows  the  course  of  the  Meuse  at 
such  a  distance  from  the  right  bank  that  all  the  places 
within  1,000  Rhenish  yards  (Rheinlandische  Ruthen)  from 
it  shall  belong,  with  their  territories,  to  the  Kingdom  of 
the  Netherlands  ;  it  being  understood,  however,  as  to  the 
reciprocity  of  this  principle,  that  the  Prussian  territory 
shall  not  at  any  point  touch  the  Meuse,  or  approach  it 
within  the  distance  of  1,000  Rhenish  yards. 

From  the  point  where  the  line  just  described  reaches  the 
ancient  Dutch  frontier,  as  far  as  the  Rhine,  this  frontier 
shall  remain  essentially  the  same  as  it  was  in  1795,  between 
Cleves  and  the  United  Provinces. 

This  line  shall  be  examined  by  a  Commission,  which  the 
Governments  of  Prussia  and  the  Netherlands  shall  name 
without  delay,  for  the  purpose  of  proceeding  to  the  exact 
determination  of  the  limits,  as  well  of  the  Kingdom  of  the 
Netherlands,  as  of  the  Grand  Duchy  of  Luxemburg,  specified 


CONGRESS  TREATY  OF  VIENNA,  1815        71 

in  Article  LXVIII ;  and  this  Commission,  aided  by  pro- 
fessional persons,  shall  regulate  everything  concerning  the 
hydrotechnical  constructions,  and  other  similar  points,  in 
the  most  equitable  manner,  and  the  most  conformable  to 
the  mutual  interests  of  the  Prussian  States,  and  of  those 
of  the  Netherlands.  This  same  arrangement  refers  to  the 
fixing  of  limits  in  the  Districts  of  Kyfwaerd,  Lobith,  and 
in  the  whole  territory  as  far  as  Kekerdom. 

The  enclaves  of  Huissen,  Malburg,  Lymers,  with  the  town 
of  Sevenaer  and  Lordship  of  Weel,  shall  form  a  part  of 
the  Kingdom  of  the  Netherlands ;  and  His  Prussian 
Majesty  renounces  them  in  perpetuity,  for  himself,  his  heirs 
and  successors. 


Grand  Duchy  oj  Luxemburg. 

ARTICLE  LXVII.  That  part  of  the  old  Duchy  of  Luxem- 
burg which  is  comprised  in  the  limits  specified  in  the 
following  Article,  is  likewise  ceded  to  the  Sovereign  Prince 
of  the  United  Provinces,  now  King  of  the  Netherlands,  to 
be  possessed  in  perpetuity  by  him  and  his  successors,  in 
full  property  and  Sovereignty.  The  Sovereign  of  the 
Netherlands  shall  add  to  his  titles  that  of  Grand  Duke 
of  Luxemburg,  His  Majesty  reserving  to  himself  the 
privilege  of  making  such  family  arrangement  between  the 
Princes  his  sons,  relative  to  the  succession  to  the  Grand 
Duchy,  as  he  shall  think  conformable  to  the  interests  of 
his  monarchy  and  to  his  paternal  intentions. 

The  Grand  Duchy  of  Luxemburg,  serving  as  a  compensa- 
tion for  the  Principalities  of  Nassau-Dillenburg,  Siegen, 
Hadamar  and  Dietz,  shall  form  one  of  the  States  of  the 
Germanic  Confederation ;  and  the  Prince,  King  of  the 
Netherlands,  shall  enter  into  the  system  of  this  Confedera- 
tion as  Grand  Duke  of  Luxemburg,  with  all  the  prerogatives 
and  privileges  enjoyed  by  the  other  German  Princes. 

The  Town  of  Luxemburg,  in  a  military  point  of  view, 
shall  be  considered  as  a  Fortress  of  the  Confederation ;  the 
Grand  Duke  shall,  however,  retain  the  right  of  appoint- 
ing the  Governor  and  military  Commandant  of  this  Fortress, 
subject  to  the  approbation  of  the  executive  power  of  the 
Confederation,  and  under  such  other  conditions  as  it  may 
be  judged  necessary  to  establish,  in  conformity  with  the 
future  Constitution  of  the  said  Confederation. 


72        CONGRESS  TREATY  OF  VIENNA,  1815 

Boundaries  of  the  Grand  Duchy  of  Luxemburg. 

ARTICLE  LXVIII.  The  Grand  Duchy  of  Luxemburg 
shall  consist  of  all  the  territory  situated  between  the  King- 
dom of  the  Netherlands,  as  it  has  been  designated  by 
Article  LXVI,  France,  the  Moselle,  as  far  as  the  mouth 
of  the  Sure,  the  course  of  the  Sure,  as  far  as  the  junction 
of  the  Our,  and  the  course  of  this  last  river,  as  far  as  the 
limits  of  the  former  French  Canton  of  St.  Vith,  which  shall 
not  belong  to  the  Grand  Duchy  of  Luxemburg.1 

Arrangements  respecting  the  Duchy  of  Bouillon. 

ARTICLE  LXIX.  His  Majesty  the  King  of  the  Nether- 
lands, Grand  Duke  of  Luxemburg,  shall  possess  in  per- 
petuity, for  himself  and  his  successors,  the  full  and  entire 
Sovereignty  of  that  part  of  the  Duchy  of  Bouillon,  which 
is  not  ceded  to  France  by  the  Treaty  of  Paris  ;  and  which, 
therefore,  shall  be  united  to  the  Grand  Duchy  of  Luxem- 
burg. 

Disputes  having  arisen  with  respect  to  the  said  Duchy 
of  Bouillon,  the  competitor  who  shall  legally  establish  his 
right,  in  the  manner  hereafter  specified,  shall  possess,  in 
full  property,  the  said  part  of  the  Duchy,  as  it  was  enjoyed 
by  the  last  Duke,  under  the  Sovereignty  of  His  Majesty  the 
King  of  the  Netherlands,  Grand  Duke  of  Luxemburg. 

This  decision  shall  be  made  by  Arbitration,  and  be 
without  appeal.  For  this  purpose  there  shall  be  appointed 
a  certain  number  of  arbitrators,  one  by  each  of  the  two 
competitors,  and  others,  to  the  number  of  three,  by  the 
Courts  of  Austria,  Prussia,  and  Sardinia.  They  shall 
assemble  at  Aix-la-Chapelle,  as  soon  as  the  state  of  the  war 
and  other  circumstances  may  admit  of  it,  and  their  deter- 
mination shall  be  made  known  within  six  months  from  their 
first  meeting. 

In  the  interim,  His  Majesty  the  King  of  the  Netherlands, 
Grand  Duke  of  Luxemburg,  shall  hold  in  trust  the  property 
of  the  said  part  of  the  Duchy  of  Bouillon,  in  order  that  he 
may  restore  it,  together  with  the  revenues  of  the  pro- 
visional administration,  to  the  competitor  in  whose  favour 
the  arbitrators  shall  decide ;  and  His  said  Majesty  shall 

1  A  general  Treaty  was  concluded  on  May  n,  1867,  on  the 
subject  of  the  neutrality,  &c.,  of  Luxemburg.  This  matter  is 
subsequently  dealt  with  in  a  separate  Paper  ;  see  p.  256. 


CONGRESS  TREATY  OF  VIENNA,  1815        73 

indemnify  him  for  the  loss  of  the  revenues  arising  from  the 
rights  of  Sovereignty,  by  means  of  some  equitable  arrange- 
ment. Should  the  restitution  fall  to  Prince  Charles  of 
Rohan,  this  property,  when  in  his  possession,  shall  be 
regulated  by  the  laws  of  the  substitution  which  constitutes 
his  title  thereto. 

Cession  to  Prussia  of  the  German  Possessions  of  the  House 
of  Nassau-Orange. 

ARTICLE  LXX.  His  Majesty  the  King  of  the  Nether- 
lands renounces,  in  perpetuity  for  himself,  his  heirs,  and 
successors,  in  favour  of  His  Majesty  the  King  of  Prussia, 
the  sovereign  possessions  which  the  House  of  Nassau- 
Orange  held  in  Germany,  namely,  the  Principalities  of 
Dillenburg,  Dietz,  Siegen,  and  Hadamar,  with  the  Lord- 
ships of  Beilstein,  such  as  those  possessions  have  been 
definitively  arranged  between  the  two  branches  of  the 
House  of  Nassau,  by  the  Treaty  concluded  at  the  Hague 
on  the  I4th  July,  1814. 

His  Majesty  also  renounces  the  Principality  of  Fulda, 
and  the  other  districts  and  territories  which  were  secured 
to  him  by  Article  XII  of  the  Principal  Reces  of  the  Extra- 
ordinary Deputation  of  the  Empire  of  the  25th  of  February, 
1803. 

Family  Pact  between  the  Princes  of  Nassau. 

ARTICLE  LXXI.  The  right  and  order  of  Succession, 
established  between  the  two  branches  of  the  House  of 
Nassau,  by  the  Act  of  1783,  called  Nassauischer  Erbverein, 
is  confirmed,  and  transferred  from  the  four  Principalities 
of  Orange-Nassau  to  the  Grand  Duchy  of  Luxemburg. 

Charges  and  Engagements  pertaining  to  the  Provinces  detached 
from  France. 

ARTICLE  LXXII.  His  Majesty  the  King  of  the  Nether- 
lands, in  uniting  under  his  Sovereignty  the  Countries 
designated  in  Articles  LXVI  and  LXVIII,  enters  into  all 
the  rights,  and  takes  upon  himself  all  the  charges  and  all 
the  stipulated  engagements,  relative  to  the  Provinces  and 
Districts  detached  from  France  by  the  Treaty  of  Peace 
concluded  at  Paris  the  30th  May,  1814. 


74        CONGRESS  TREATY  OF  VIENNA,  1815 

Act  of  Re-union  of  the  Belgic  Provinces. 

ARTICLE  LXXIII.  His  Majesty  the  King  of  the  Nether- 
lands, having  recognised  and  sanctioned,  under  date  of 
the  2ist  July,  1814,  as  the  Basis  of  the  Union  of  the  Belgic 
Provinces  with  the  United  Provinces,  the  8  Articles  con- 
tained in  the  document  annexed  to  the  present  Treaty, 
the  said  Articles  shall  have  the  same  force  and  validity 
as  if  they  were  inserted,  word  for  word,  in  the  present 
Instrument.1 

Integrity  of  the  Nineteen  Cantons  of  Switzerland. 

ARTICLE  LXXI V.  The  integrity  of  the  Nineteen  Cantons, 
as  they  existed  in  a  political  body,  from  the  signature  of 
the  Convention  of  the  2gth  December,  1813,  is  recognised 
as  the  basis  of  the  Helvetic  system. 

Union  of  Three  new  Cantons. 

ARTICLE  LXXV.  The  Valais,  the  territory  of  Geneva, 
and  the  Principality  of  Neufchatel,  are  united  to  Switzer- 
land, and  shall  form  Three  new  Cantons. 

La  Vallee  des  Dappes,  having  formed  part  of  the  Canton 
of  Vaud,  is  restored  to  it. 

Union  of  Bishopric  of  Basle,  and  Town  and  Territory  of 
Bienne,  with  Canton  of  Berne. 

ARTICLE  LXXVI.  The  Bishopric  of  Basle,  and  the  city 
and  territory  of  Bienne,  shall  be  united  to  the  Helvetic 
Confederation,  and  shall  form  part  of  the  Canton  of  Berne. 

The  following  districts,  however,  are  excepted  from  this 
last  arrangement : 

1.  A  District  of  about  three  square  leagues  in  extent, 
including  the  Communes  of  Altschweiler,  Schonbach,  Ober- 
weiler,  Terweiler,  Ettingen,  Fiirstenstein,  Plotten,  Pf  effingen, 
Aesch,  Bruck,  Reinach,  Arlesheim  ;  which  District  shall  be 
united  to  the  Canton  of  Basle. 

2.  A  small  Enclave,  situated  near  the  Neufchatel  village 
of  Lignieres,  which  is  at  present,  with   respect  to  civil 
jurisdiction,  dependant  upon  the  Canton  of  Neufchatel, 
and  with  respect  to  criminal  jurisdiction  upon  that  of  the 
Bishopric  of  Basle,  shall  belong  in  full  Sovereignty  to  the 
Principality  of  Neufchatel. 

1  See  foot-note  to  Article  LXV. 


CONGRESS  TREATY  OF  VIENNA,  1815        75 

Rights  of  Inhabitants  of  Countries  united  with  Canton  of 
Berne. 

ARTICLE  LXXVII.  The  inhabitants  of  the  Bishopric  of 
Basle,  and  those  of  Bienne,  united  to  the  Cantons  of  Berne 
and  Basle,  shall  enjoy,  in  every  respect,  without  any  dis- 
tinction of  Religion  (which  shall  be  maintained  in  its  present 
state)  the  same  political  and  civil  rights  which  are  enjoyed, 
or  may  be  enjoyed,  by  the  inhabitants  of  the  ancient  parts 
of  the  said  cantons ;  they  shall,  therefore,  be  equally 
competent  to  become  candidates  for  the  places  of  Repre- 
sentatives, and  for  all  other  appointments,  according  to 
the  constitution  of  the  cantons.  Such  municipal  privileges 
as  are  compatible  with  the  constitution  and  the  general 
regulations  of  the  Canton  of  Berne,  shall  be  preserved  to 
the  town  of  Bienne,  and  to  the  villages  that  formed  part 
of  its  jurisdiction. 

The  sale  of  the  national  domains  shall  be  confirmed,  and 
the  feudal  rights  and  tithes  cannot  be  re-established. 

The  respective  Acts  of  the  union  shall  be  framed,  con- 
formably to  the  principles  above  declared,  by  Commissions, 
composed  of  an  equal  number  of  deputies  from  each  of  the 
directing  parties  concerned.  Those  from  the  Bishopric  of 
Basle  shall  be  chosen  by  the  canton  from  amongst  the  most 
eminent  citizens  of  the  country.  The  said  Acts  shall  be 
guaranteed  by  the  Swiss  Confederation.  All  points  upon 
which  the  parties  cannot  agree,  shall  be  decided  by  a  court 
of  Arbitration,  to  be  named  by  the  Diet. 

Restoration  of  Lordship  of  Raziins  to  the  Canton  of  Grisons. 

ARTICLE  LXXVIII.  The  cession,  made  by  Article  III 
of  the  Treaty  of  Vienna,  of  the  I4th  October,  1809,  of  the 
Lordship  of  Raziins,  inclosed  in  the  country  of  the  Grisons, 
having  expired  ;  and  His  Majesty  the  Emperor  of  Austria, 
being  restored  to  all  the  rights  attached  to  the  said  posses- 
sion, confirms  the  disposition  which  he  made  of  it,  by 
a  Declaration,  dated  the  20th  March,  1815,  in  favour  of 
the  Canton  of  the  Grisons. 

Arrangements  between  France  and  Geneva. 
ARTICLE  LXXIX.     In  order  to  ensure  the  commercial 
and  military  communications  of  the  Town  of  Geneva  with 
the  Canton  of  Vaud,  and  the  rest  of  Switzerland  ;    and 


76        CONGRESS  TREATY  OF  VIENNA,  1815 

with  a  view  to  fulfil,  in  that  respect,  Article  IV  of  the 
Treaty  of  Paris  of  the  soth  May,  1814,  His  Most  Christian 
Majesty  consents  so  to  place  the  line  of  custom-houses, 
that  the  road  which  leads  from  Geneva  into  Switzerland 
by  Versoy,  shall  at  all  times  be  free,  and  that  neither  the 
post  nor  travellers,  nor  the  transport  of  merchandise,  shall 
be  interrupted  by  any  examination  of  the  officers  of  the 
Customs,  nor  subjected  to  any  duty. 

It  is  equally  understood  that  the  passage  of  Swiss  troops 
on  this  road  shall  not,  in  any  manner,  be  obstructed. 

In  the  additional  regulations  to  be  made  on  this  subject, 
the  execution  of  the  Treaties  relative  to  the  free  com- 
munication between  the  town  of  Geneva  and  the  jurisdic- 
tion of  Peney,  shall  be  assured  in  the  manner  most  con- 
venient to  the  inhabitants  of  Geneva.  His  Most  Christian 
Majesty  also  consents  that  the  gendarmerie  and  militia  of 
Geneva,  after  having  communicated  on  the  subject  with 
the  nearest  military  post  of  the  French  gendarmerie,  shall 
pass  on  the  high  road  of  Meyrin,  to  and  from  the  said 
jurisdiction  and  the  town  of  Geneva. 

Cessions  by  the  King  of  Sardinia  to  the  Canton  of  Geneva. 

ARTICLE  LXXX.  His  Majesty  the  King  of  Sardinia 
cedes  that  part  of  Savoy  which  is  situated  between  the 
river  Arve,  the  Rhone,  the  limits  of  that  part  of  Savoy 
ceded  to  France,  and  the  mountain  of  Saleve,  as  far  as 
Veiry  inclusive,  together  with  that  part  which  lies  between 
the  high  road  called  that  of  the  Simplon,  .the  Lake  of 
Geneva,  and  the  present  territory  of  the  canton  of  Geneva, 
from  Venezas  to  the  point  where  the  river  Hermancc 
crosses  the  said  road ;  and  from  thence,  following  the 
course  of  that  river  to  where  it  enters  the  Lake  of  Geneva, 
to  the  east  of  the  village  of  Hermance  (the  whole  of  the 
road  of  the  Simplon  continuing  to  be  possessed  by  His 
Majesty  the  King  of  Sardinia)  in  order  that  these  countries 
shall  be  united  (reunis)  to  the  canton  of  Geneva ;  with 
the  reservation,  however,  of  determining  more  precisely, 
by  Commissioners  respectively,  their  limits,  particularly 
that  part  which  relates  to  the  demarcation  above  Veiry 
and  on  the  mountain  of  Saleve  ;  His  said  Majesty  renounc- 
ing for  himself  and  his  successors,  in  perpetuity,  without 
exception  or  reservation,  all  rights  of  Sovereignty,  or  other 


CONGRESS  TREATY  OF  VIENNA,  1815         77 

rights  which  may  belong  to  him  in  the  places  and  territories 
comprised  within  this  demarcation. 

His  Majesty  the  King  of  Sardinia  also  agrees,  that  the 
communication  between  the  canton  of  Geneva  and  the 
Valais,  by  the  road  of  the  Simplon,  shall  be  established,  in 
the  same  manner  as  it  has  been  agreed  to  by  France, 
between  Geneva  and  the  canton  of  Vaud,  by  the  route  of 
Versoy.  A  free  communication  shall  also  be  at  all  times 
granted  for  the  Genevese  troops,  between  the  territory  of 
Geneva  and  the  jurisdiction  of  Jussy,  and  such  facilities 
shall  be  allowed  as  may  be  necessary  for  proceeding  by 
the  lake  to  the  road  of  the  Simplon. 

On  the  other  hand,  an  exemption  from  all  duties  of 
transit  shall  be  granted  for  all  merchandise  and  goods 
which,  coming  from  the  States  of  His  Majesty  the  King  of 
Sardinia  and  the  Free  Port  of  Genoa,  shall  traverse  the 
road  called  the  Simplon  in  its  whole  extent,  through  the 
Valais  and  the  State  of  Geneva.  This  exemption  shall, 
however,  be  confined  to  the  transit,  and  shall  extend 
neither  to  the  tolls  established  for  the  maintenance  of  the 
road,  nor  to  duties  levied  on  merchandise  or  goods  intended 
to  be  sold  or  consumed  in  the  interior.  The  same  reserva- 
tion shall  apply  to  the  communication  granted  to  the 
Swiss  between  the  Valais  and  the  canton  of  Geneva  ;  and 
the  different  Governments  shall  for  this  purpose  take  such 
measures  as,  by  common  agreement,  they  shall  judge 
necessary,  either  for  taxation  or  for  preventing  contraband 
trade  in  their  territories,  respectively. 

Compensations  between  the  Old  and  the  New  Cantons. 

ARTICLE  LXXXI.  With  a  view  to  the  establishing  of 
reciprocal  compensations,  the  Cantons  of  Argovia,  Vaud, 
Tessin,  and  St.  Gall,  shall  furnish  to  the  ancient  Cantons 
of  Schweitz,  Unterwald,  Uri,  Claris,  Zug  and  Appenzell 
(Rhode  Interieure]  a  sum  of  money  to  be  applied  to  pur- 
poses of  public  instruction,  and  to  the  expenses  of  general 
administration,  but  principally  to  the  former  object,  in  the 
said  cantons. 

The  quota,  manner  of  payment,  and  division  of  this 
pecuniary  compensation,  are  fixed  as  follows : — 

The  Cantons  of  Argovia,  Vaud,  and  St.  Gall  shall  furnish 
to  the  Cantons  of  Schweitz,  Unterwald,  Uri,  Zug,  Claris, 


78        CONGRESS  TREATY  OF  VIENNA,  1815 

and  Appenzell  (Rhode  Interieure) ,  a  fund  of  500,000  Swiss 
livres. 

Each  of  the  former  cantons  shall  pay  the  interest  of  its 
quota,  at  the  rate  of  5  per  cent,  per  annum,  or  have  the 
option  of  discharging  the  principal,  either  in  money  or 
funded  property. 

The  division,  either  of  the  payment  or  receipt  of  these 
funds,  shall  be  made  according  to  the  scale  of  contributions 
laid  down  for  providing  the  federal  expenses. 

The  Canton  of  Tessin  shall  pay  every  year  to  the  Canton 
of  Uri,  a  moiety  of  the  produce  of  the  tolls  in  the  Levantine 
Valley. 

Arrangements  respecting  Funds  invested  in  England. 

ARTICLE  LXXXII.  To  put  an  end  to  the  discussions 
which  have  arisen,  with  respect  to  the  funds  placed  in 
England  by  the  Cantons  of  Zurich  and  Berne,  it  is  deter- 
mined : 

1.  That  the  Cantons  of  Berne  and  Zurich  shall  preserve 
the  property  of  the  funded  capital  as  it  existed  in  1803, 
at  the  period  of  the  dissolution  of  the  Helvetic  Government, 
and  shall  receive  the  interest  thereof,  from  the  ist  January, 

1815  ; 

2.  That  the  accumulated  interest  due  since  the  year 
1798,  up  to  the  year  1814,  inclusive,  shall  be  applied  to 
the  payment  of  the  remaining  capital  of  the  national  debt, 
known  under  the  denomination  of  the  Helvetic  debt ; 

3.  That  the  surplus  of  the  Helvetic  debt  shall  remain 
at  the  charge  of  the  other  cantons,  those  of  Berne  and 
Zurich  being  exonerated  by  the  above  arrangement.    The 
quota  of  each  of  the  cantons  which  remain  charged  with 
this  surplus,  shall  be  calculated  and  paid  according  to  the 
proportion  fixed  for  the  contributions  destined  to  defray 
federal  expenses.    The  countries  incorporated  with  Switzer- 
land since  1813  shall  not  be  assessed  on  account  of  the  old 
Helvetic  debt. 

If  it  shall  happen  that  an  overplus  remains  after  dis- 
charging the  above  debt,  that  overplus  shall  be  divided 
between  the  Cantons  of  Berne  and  Zurich,  in  the  proportion 
of  their  respective  capitals. 

The  same  regulations  shall  be  observed  with  regard  to 
those  other  debts,  the  documents  concerning  which  are 
deposited  in  the  custody  of  the  President  of  the  Diet. 


CONGRESS  TREATY  OF  VIENNA,  1815        79 

Indemnity  to  Proprietors  of '  Lauds  '. 

ARTICLE  LXXXIII.  To  conciliate  disputes  respecting 
Lauds  abolished  without  indemnification,  an  indemnity 
shall  be  given  to  persons  who  are  owners  of  such  Lauds ; 
and  for  the  purpose  of  avoiding  all  further  differences  on 
this  subject  between  the  Cantons  of  Berne  and  Vaud,  the 
latter  shall  pay  to  the  Government  of  Berne  the  sum  of 
300,000  Swiss  livres,  which  shall  be  shared  between  the 
Bernese  claimants,  proprietors  of  Lauds.  The  payments 
shah*  be  made  at  the  rate  of  a  fifth  part  each  year,  com- 
mencing from  the  ist  January,  1816. 

Confirmation  of  the  Declaration  of2oth  March,  1815,  relative 
to  the  affairs  of  Switzerland. 

ARTICLE  LXXXIV.  The  Declaration  of  the  20th  March, 
addressed  by  the  Allied  Powers  who  signed  the  Treaty  of 
Paris,  to  the  Diet  of  the  Swiss  Confederation,  and  accepted 
by  the  Diet  through  the  Act  of  Adhesion  of  the  27th  May, 
is  confirmed  in  the  whole  of  its  tenor  ;  and  the  principles 
established,  as  also  the  arrangements  agreed  upon,  in  the 
said  Declaration,  shall  be  invariably  maintained. 

Boundaries  of  the  States  of  the  King  of  Sardinia. 

ARTICLE  LXXXV.  The  frontiers  of  the  States  of  His 
Majesty  the  King  of  Sardinia  shall  be  : — 

On  the  side  of  France,  such  as  they  were  on  the  ist  of 
January,  1792,  with  the  exception  of  the  changes  effected 
by  the  Treaty  of  Paris  of  the  30th  May,  1814  ; 

On  the  side  of  the  Helvetic  Confederation,  such  as  they 
existed  on  the  ist  of  January  1792,  with  the  exception  of 
the  change  produced  by  the  cession  in  favour  of  the  Canton 
of  Geneva,  as  specified  by  Article  LXXX  of  the  present 
Act; 

On  the  side  of  the  States  of  His  Majesty  the  Emperor 
of  Austria,  such  as  they  existed  on  the  ist  of  January, 
1792 ;  and  the  Convention  concluded  between  their 
Majesties  the  Empress  Maria  Theresa  and  the  King  of 
Sardinia,  on  the  4th  October,  1751,  shall  be  reciprocally 
confirmed  in  all  its  stipulations  ; 

On  the  side  of  the  States  of  Parma  and  Placentia,  the 
frontier  as  far  as  it  concerns  the  ancient  States  of  the  King 


8o        CONGRESS  TREATY  OF  VIENNA,  1815 

of  Sardinia,  shall  continue  to  be  the  same  as  they  were  on 
the  ist  of  January,  1792. 

The  borders  of  the  former  States  of  Genoa,  and  of  the 
countries  called  Imperial  Fiefs,  united  to  the  States  of 
Hie  Majesty  the  King  of  Sardinia,  according  to  the  follow- 
ing Articles,  shall  be  the  same  as  those  which,  on  the  ist 
of  January,  1792,  separated  those  countries  from  the  States 
of  Parma  and  Placentia,  and  from  those  of  Tuscany  and 
Massa. 

The  island  of  Capraja,  having  belonged  to  the  ancient 
republic  of  Genoa,  is  included  in  the  cession  of  the  States 
of  Genoa,  to  His  Majesty  the  King  of  Sardinia. 

Union  of  the  States  of  Genoa  with  the  States  of  the  King  of 
Sardinia. 

ARTICLE  LXXXVI.  The  States  which  constituted  the 
former  republic  of  Genoa,  are  united  in  perpetuity  to  those 
of  His  Majesty  the  King  of  Sardinia,  to  be,  like  the  latter, 
possessed  by  him  in  full  Sovereignty  and  hereditary 
property ;  and  to  descend,  in  the  male  line,  in  the  order 
of  primogeniture,  to  the  two  branches  of  his  house,  viz. : 
the  royal  branch,  and  the  branch  of  Savoy-Carignan. 

Title  of  Duke  of  Genoa. 

ARTICLE  LXXXVII.  The  King  of  Sardinia  shall  add  to 
his  present  titles,  that  of  Duke  of  Genoa. 

Rights  and  Privileges  of  the  Genoese. 

ARTICLE  LXXXVIII.  The  Genoese  shall  enjoy  all  the 
rights  and  privileges,  specified  in  this  Act,  intituled  '  Con- 
ditions which  are  to  serve  as  the  basis  of  the  Union  of  the 
Genoese  States  to  those  of  His  Sardinian  Majesty ',  and 
the  said  Act,  such  as  it  is  annexed  to  this  General  Treaty, 
shall  be  considered  as  an  integral  part  thereof,  and  shall 
have  the  same  force  and  validity  as  if  it  were  textually 
inserted  in  the  present  Article. 

Union  of  the  Imperial  Fiefs.  . 

ARTICLE  LXXXIX.  The  countries  called  Imperial  Fiefs, 
formerly  united  to  the  ancient  Ligurian  Republic,  are 
definitely  united  to  the  States  of  His  Majesty  the  King  of 


CONGRESS  TREATY  OF  VIENNA,  1815        81 

Sardinia,  in  the  same  manner  as  the  rest  of  the  Genoese 
States ;  and  the  inhabitants  of  these  countries  shall  enjoy 
the  same  rights  and  privileges  as  those  of  the  States  of 
Genoa,  specified  in  the  preceding  Article. 

Right  of  Fortifying. 

ARTICLE  XC.  The  right  that  the  Powers  who  signed  the 
Treaty  of  Paris  of  the  soth  May,  1814,  reserved  to  them- 
selves by  Article  III  of  that  Treaty,  of  fortifying  such 
points  of  their  States  as  they  might  judge  proper  for  their 
safety,  is  equally  reserved,  without  restriction,  to  His 
Majesty  the  King  of  Sardinia. 

Cession  by  the  King  of  Sardinia  to  the  Canton  of  Geneva. 

ARTICLE  XCI.  His  Majesty  the  King  of  Sardinia  cedes 
to  the  Canton  of  Geneva  the  districts  of  Savoy,  designated 
in  Article  LXXX  above  recited,  according  to  the  con- 
ditions specified  in  the  Act,  intituled  '  Cession  made  by 
His  Majesty  the  King  of  Sardinia  to  the  Canton  of  Geneva  '. 
This  Act  shall  be  considered  as  an  integral  part  of  this 
General  Treaty,  to  which  it  is  annexed,  and  shall  have  the 
same  force  and  validity  as  if  it  were  textually  inserted  in 
the  present  Article.1 

Neutrality  of  Chablais  and  Faucigny. 

ARTICLE  XCI  I.  The  Provinces  of  Chablais  and  Faucigny, 
and  the  whole  of  the  territory  of  Savoy  to  the  north  of 
Ugine,  belonging  to  His  Majesty  the  King  of  Sardinia, 
shall  form  a  part  of  the  Neutrality  of  Switzerland,  as  it  is 
recognised  and  guaranteed  by  the  Powers. 

Whenever,  therefore,  the  neighbouring  Powers  to  Switzer- 
land are  in  a  state  of  open  or  impending  hostility,  the 
troops  of  His  Majesty  the  King  of  Sardinia  which  may  be 
in  those  provinces,  shall  retire,  and  may  for  that  purpose 
pass  through  the  Valais,  if  necessary.  No  other  armed 
troops  of  any  other  Power  shall  have  the  privilege  of 
passing  through  or  remaining  in  the  said  territories  and 
provinces,  excepting  those  which  the  Swiss  Confederation 
shall  think  proper  to  place  there ;  it  being  well  under- 
stood that  this  state  of  things  shall  not  in  any  manner 

1  Savoy  and  Nice  were  ceded  to  France  by  Sardinia  by  the  Treaty 
between  those  two  Powers  of  March  24,  1860. 


82        CONGRESS  TREATY  OF  VIENNA,  1815 

interrupt  the  administration  of  these  countries,  in  which 
the  civil  agents  of  His  Majesty  the  King  of  Sardinia  may 
likewise  employ  the  municipal  guard,  for  the  preservation 
of  good  order. 

Designation  of  the  Territories  of  which  the  Emperor  of  Austria 
resumes  possession  on  the  side  of  Italy. 

ARTICLE  XCIII.  In  pursuance  of  the  Renunciations 
agreed  upon  by  the  Treaty  of  Paris  of  the  30th  May,  1814, 
the  Powers  who  sign  the  present  Treaty  recognise  His 
Majesty  the  Emperor  of  Austria,  his  heirs  and  successors, 
as  legitimate  Sovereign  of  the  Provinces  and  Territories 
which  had  been  ceded,  either  wholly  or  in  part,  by  the 
Treaties  of  Campo-Formio  of  1797,  of  LuneVille  of  1801, 
of  Presburg  of  1805,  by  the  additional  Convention  of 
Fontainebleau  of  1807,  and  by  the  Treaty  of  Vienna  of 
1809  ;  the  possession  of  which  provinces  and  territories 
His  Imperial  and  Royal  Apostolic  Majesty  obtained  in 
consequence  of  the  last  war  ;  such  as,  Istria,  Austrian  as 
well  as  heretofore  Venetian,  Dalmatia,  the  ancient  Venetian 
Isles  of  the  Adriatic,  the  Mouths  of  the  Cattaro,  the  City 
of  Venice,  with  its  waters,  as  well  as  all  the  other  pro- 
vinces and  districts  of  the  formerly  Venetian  States  of  the 
Terra  Firma  upon  the  left  bank  of  the  Adige,  the  Duchies 
of  Milan  and  Mantua,  the  Principalities  of  Brixen  and 
Trente,  the  County  of  Tyrol,  the  Vorarlberg,  the  Austrian 
Frioul,  the  ancient  Venetian  Frioul,  the  territory  of  Monte- 
falcone,  the  Government  and  Town  of  Trieste,  Carniola, 
Upper  Carinthia,  Croatia  on  the  right  of  the  Save,  Fiume 
and  the  Hungarian  Littorale,  and  the  District  of  Castua.1 

Territories  united  to  the  Austrian  Monarchy. 

ARTICLE  XCIV.  His  Imperial  and  Royal  Apostolic 
Majesty  shall  unite  to  his  monarchy,  to  be  possessed  by 
him  and  his  successors  in  full  property  and  Sovereignty  : — 

i.  Besides  the  portions  of  the  Terra  Firma  in  the  Venetian 
States  mentioned  in  the  preceding  Article,  the  other  parts 
of  those  States,  as  well  as  all  other  territories  situated 
between  the  Tessino,  the  Po,  and  the  Adriatic  Sea. 

1  By  Article  III  of  the  Treaty  of  Peace  between  Austria  and  Italy 
of  October  3,  1866.  the  Lombardo-Venetian  Kingdom  was  united 
to  the  Kingdom  of  Italy. 


CONGRESS  TREATY  OF  VIENNA,  1815        83 

2.  The  Vallies  of  the  Valteline,  of  Bormio,  and  of  Chia- 
venna. 

3.  The  territories  which  formerly  composed  the  Republic 
of  Ragusa. 

Austrian  Frontiers  in  Italy. 

ARTICLE  XCV.  In  consequence  of  the  stipulations  agreed 
upon  in  the  preceding  Articles,  the  frontiers  of  the  States 
of  His  Imperial  and  Apostolic  Majesty,  in  Italy,  shall  be  : — 

1.  On  the  side  of  the  States  of  His  Majesty  the  King 
of  Sardinia,  such  as  they  were  on  the  ist  of  January, 
1792  ; 

2.  On  the  side  of  the  States  of  Parma,  Placentia,  and 
Guastalla,  the  course  of  the  Po,  the  line  of  demarcation 
following  the  Thalweg  of  the  River  ; 

3.  On  the  side  of  the  States  of  Modena,  such  as  they 
were  on  ist  of  January,  1792  ; 

4.  On  the  side  of  the  Papal  States,  the  course  of  the  Po, 
as  far  as  the  mouth  of  the  Goro  ; 

5.  On  the  side  of  Switzerland,  the  ancient  frontier  of 
Lombardy,  and  that  which  separates  the  Vallies  of  the 
Valteline,  of  Bormio,  and  Chiavenna,  from  the  Cantons  of 
the  Grisons  and  the  Tessino. 

In  those  places  where  the  Thalweg  of  the  Po  forms  the 
frontier,  it  is  agreed,  that  the  changes  which  the  course 
of  the  river  may  undergo  shall  not,  in  future,  in  any  way 
affect  the  property  of  the  Islands  therein  contained. 

Navigation  of  the.  Po. 

ARTICLE  XCVI.  The  general  principles,  adopted  by  the 
Congress  at  Vienna,  for  the  Navigation  of  Rivers,  shall  be 
applicable  to  that  of  the  Po. 

Commissioners  shall  be  named  by  the  States  bordering 
on  rivers,  within  three  months  at  latest  after  the  termina- 
tion of  the  Congress,  to  regulate  all  that  concerns  the 
execution  of  the  present  Article. 

Arrangements  respecting  the  Mont-Napoleon  at  Milan. 

ARTICLE  XCVIL  As  it  is  indispensable  to  preserve,  to 
the  establishment  known  by  the  name  of  the  Mont- 
Napoleon  at  Milan,  the  means  of  fulfilling  its  engagements 
towards  its  creditors ;  it  is  agreed,  that  the  landed  and 
other  immovable  property  of  this  establishment,  in  countries 

c  z 


84        CONGRESS  TREATY  OF  VIENNA,   1815 

which  formed  part  of  the  ancient  Kingdom  of  Italy,  and 
have  since  passed  under  the  government  of  different 
Princes  of  Italy,  as  well  as  the  capital  belonging  to  the 
said  establishment  placed  out  at  interest  in  these  different 
countries,  shall  be  appropriated  to  the  same  object. 

The  unfunded  and  unliquidated  debts  of  the  Mont- 
Napoleon,  such  as  those  arising  from  the  arrears  of  its 
charges,  or  from  any  other  increase  of  the  outgoings  of 
this  establishment,  shall  be  divided  between  the  territories 
which  composed  the  late  Kingdom  of  Italy ;  and  this 
division  shall  be  regulated  according  to  the  joint  bases  of 
their  population  and  revenue. 

The  Sovereigns  of  the  said  countries  shall  appoint  Com- 
missioners, within  the  space  of  three  months,  dating  from 
the  termination  of  the  Congress,  to  arrange  with  Austrian 
Commissioners  whatever  relates  to  this  object.  This 
Commission  shall  assemble  at  Milan. 

Estates  of  Modena  and  of  Massa  and  Carrara. 

ARTICLE  XCVIII.  His  Royal  Highness  the  Archduke 
Francis  d'Este,  his  heirs  and  successors,  shall  possess,  in 
full  Sovereignty,  the  Duchies  of  Modena,  Reggio,  and 
Mirandola,  such  as  they  existed  at  the  signature  of  the 
Treaty  at  Campo-Formio.1 

The  Archduchess  Maria  Beatrice  d'Este,  her  heirs  and 
successors,  shall  possess,  in  full  Sovereignty  and  property, 
the  Duchy  of  Massa  and  the  Principality  of  Carrara,  as  well 
as  the  Imperial  Fiefs  in  La  Lunigiana. 

The  latter  may  be  applied  to  the  purpose  of  exchanges, 
or  other  arrangements  made  by  common  consent,  and 
according  to  mutual  convenience,  with  His  Imperial  High- 
ness the  Grand  Duke  of  Tuscany. 

The  rights  of  Succession  and  Reversion,  established  in 
the  branches  of  the  Archducal  Houses  of  Austria,  relative 
to  the  Duchies  of  Modena,  Reggio,  and  Mirandola,  and  the 
Principalities  of  Massa  and  Carrara,  are  preserved. 

Parma  and  Placentia.2 

ARTICLE  XCIX.  Her  Majesty  the  Empress  Maria  Louisa 
shall  possess,  in  full  property  and  Sovereignty,  the  Duchies 
of  Parma,  Placentia,  and  Guastalla,  with  the  exception  of 

1  Treaty  of  Campo-Forraio  between  France  and  Austria,  1797. 
8  Piacenza. 


CONGRESS  TREATY  OF  VIENNA,  1815        85 

the  districts  lying  within  the  States  of  His  Imperial  and 
Royal  Apostolic  Majesty  on  the  left  bank  of  the  Po. 

The  Reversion  of  these  countries  shall  be  regulated  by 
common  consent,  with  the  Courts  of  Austria,  Russia, 
France,  Spain,  England  and  Prussia ;  due  regard  being 
had  to  the  rights  of  Reversion  of  the  House  of  Austria,  and 
of  His  Majesty  the  King  of  Sardinia,  to  the  said  countries.1 

Possessions  of  the  Grand  Duke  of  Tuscany. 

ARTICLE  C.  His  Imperial  Highness  the  Archduke 
Ferdinand  of  Austria  is  re-established,  himself,  his  heirs 
and  successors,  in  all  the  rights  of  Sovereignty  and  pro- 
perty, in  the  Grand  Duchy  of  Tuscany  and  its  dependencies, 
which  he  possessed  previous  to  the  Treaty  of  Luneville.2 

The  stipulations  of  the  second  Article  of  the  Treaty  of 
Vienna,  of  the  3rd  October,  I735,3  between  the  Emperor 
Charles  VI  and  the  King  of  France,  to  which  the  other 
Powers  acceded,  are  fully  renewed  in  favour  of  His  Imperial 
Highness  and  his  descendants,  as  well  as  the  guarantees 
resulting  from  those  stipulations. 

There  shall  be  likewise  united  to  the  said  Grand  Duchy, 
to  be  possessed  in  full  property  and  Sovereignty  by  the 
Grand  Duke  Ferdinand,  his  heirs  and  descendants  ; — 

1.  The  State  of  the  Presidii. 

2.  That  part  of  the  Island  of  Elba,  and  its  appurtenances, 
which  were  under  the  Suzeraincti  of  His  Majesty  the  King 
of  the  Two  Sicilies  before  the  year  1801. 

3.  The  Suzerainete  and  Sovereignty  of  the  Principality 
of  Piombino  and  its  dependencies. 

Prince  Ludovisi  Buoncompagni  shall  retain,  for  himself 
and  his  legitimate  successors,  all  the  property  which  his 
family  possessed  in  the  Principality  of  Piombino,  and  in 
the  Island  of  Elba  and  its  dependencies,  previously  to  the 
occupation  of  those  countries  by  the  French  troops  in 
1799,  together  with  the  mines,  foundries,  and  salt  mines. 

The  Prince  Ludovisi  shall  likewise  preserve  his  right  of 
Fishery,  and  enjoy  an  entire  exemption  from  duties,  as 
well  for  the  exportation  of  the  produce  of  his  Mines, 

1  Parma  was  united  to  Sardinia  by  Decree  of  March  18,  1860. 
1  Treaty  of  Luneville  between  France  and  Austria,  1801. 
'  For  Article  II  of  this  treaty,  see  State   Papers,  vol.  ii,  p.  48, 
foot-note. 


86        CONGRESS  TREATY  OF  VIENNA,  1815 

foundries,  salt  mines,  and  domains,  as  for  the  importation 
of  Wood  and  other  articles  necessary  for  working  the 
mines  :  he  shall  also  be  indemnified  by  His  Imperial 
Highness  the  Grand  Duke  of  Tuscany,  for  all  the  revenues 
the  family  of  the  latter  derived  from  the  crown  duties 
before  the  year  1801.  In  case  any  difficulties  should  arise 
in  the  valuation  of  this  indemnity,  the  parties  concerned 
shall  refer  the  decision  to  the  Courts  of  Vienna-  and  Sar- 
dinia. 

4.  The  late  Imperial  Fiefs  of  Vernio,  Montanto,  and 
Monte  Santa  Maria,  lying  within  the  Tuscan  States.1 

Duchy  of  Lucca. 

ARTICLE  CI.  The  Principality  of  Lucca  shall  be  possessed 
in  full  Sovereignty  by  Her  Majesty  the  Infanta  Maria 
Louisa,  and  her  descendants,  in  the  direct  male  line. 

The  Principality  is  erected  into  a  Duchy,  and  shall  have 
a  form  of  government  founded  upon  the  principles  of  that 
which  it  received  in  1805. 

An  Annuity  of  500,000  francs  shall  be  added  to  the 
revenue  of  the  Principality  of  Lucca,  which  His  Majesty 
the  Emperor  of  Austria,  and  His  Imperial  Highness  the 
Grand  Duke  of  Tuscany,  engage  to  pay  regularly,  as  long 
as  circumstances  do  not  admit  of  procuring  another 
establishment  for  Her  Majesty  the  Infanta  Maria  Louisa, 
her  son,  and  his  descendants.  This  annuity  shall  be  specially 
mortgaged  upon  the  Lordships  in  Bohemia,  known  by  the 
name  of  Bavaro  Palatines  ;  which,  in  case  of  the  Duchy  of 
Lucca  reverting  to  the  Grand  Duke  of  Tuscany,  shall  be 
freed  from  this  charge,  and  shall  again  form  a  part  of  the 
private  domain  of  His  Imperial  and  Royal  Apostolic 
Majesty.2 

Reversion  of  the  Duchy  of  Lucca. 

ARTICLE  CII.  The  Duchy  of  Lucca  shall  revert  to  the 
Grand  Duke  of  Tuscany ;  either  in  case  of  its  becoming 
vacant  by  the  death  of  Her  Majesty  the  Infanta  Maria 
Louisa,  or  of  her  son  Don  Carlos,  and  of  their  direct  male 
descendants ;  or  in  case  the  Infanta  Maria  Louisa  or  her 

1  Tuscany  was  united  to  the  Kingdom  of  Sardinia  by  Decree  of 
March  22,  1860. 

*  Lucca  was  ceded  to  Tuscany  by  Treaty  of  October  4,  1847,  and 
Tuscany  was  annexed  to  Sardinia  by  Decree  of  March  22,  1860. 


CONGRESS  TREATY  OF  VIENNA,  1815        87 

direct  heirs  should  obtain  any  other  establishment,  or 
succeed  to  another  branch  of  their  dynasty. 

The  Grand  Duke  of  Tuscany,  however,  engages,  should 
the  said  Reversion  fall  to  him,  to  cede  to  the  Duke  of 
Modena,  as  soon  as  he  shall  have  entered  into  possession 
of  the  Principality  of  Lucca,  the  following  territories  : — 

1.  The  Tuscan  districts  of  Fivizano,  Pietra  Santa,  and 
Barga. 

2.  The  Lucca  districts  of  Castiglione  and  Gallicano, 
lying  within  the  States  of  Modena,  as  well  as  those  of 
Minucciano  and  Monte-Ignose,  contiguous  to  the  country 
of  Massa. 

Arrangements  relative  to  the  Holy  See. 

ARTICLE  CIII.  The  Marches,  with  Camerino,  and  their 
dependencies,  as  well  as  the  Duchy  of  Benevento  and  the 
Principality  of  Ponte-Corvo,  are  restored  to  the  Holy  See. 

The  Holy  See  shall  resume  possession  of  the  Legations 
of  Ravenna,  Bologna,  and  Ferrara,  with  the  exception  of 
that  part  of  Ferrara  which  is  situate  on  the  left  bank 
of  the  Po. 

His  Imperial  and  Royal  Apostolic  Majesty  and  his 
successors  shall  have  the  right  of  placing  Garrisons  at 
Ferrara  and  Commachio. 

The  inhabitants  of  the  countries  who  return  under  the 
Government  of  the  Holy  See,  in  consequence  of  the  stipula- 
tions of  Congress,  shall  enjoy  the  benefit  of  Article  XVI 
of  the  Treaty  of  Paris  of  the  3oth  May,  1814. 

All  acquisitions  made  by  individuals,  in  virtue  of  a  title 
acknowledged  as  legal  by  the  existing  laws,  are  to  be 
considered  as  good,  and  the  arrangements  necessary  for 
the  guarantee  of  the  public  debt  and  the  payment  of 
pensions  shall  be  settled  by  a  particular  Convention 
between  the  Courts  of  Rome  and  Vienna.1 

Restoration  of  King  Ferdinand  IV  at  Naples. 

ARTICLE  CIV.  His  Majesty  King  Ferdinand  IV,  his 
heirs  and  successors,  is  restored  to  the  throne  of  Naples, 
and  His  Majesty  is  acknowledged  by  the  Powers  as  King 
of  the  Two  Sicilies. 

1  The  Marches  were  annexed  to  Sardinia  by  Decree  of  December  17, 
1860. 


88        CONGRESS  TREATY  OF  VIENNA,  1815 

Affairs  of  Portugal.    Restitution  of  the  Town  of  Olivenfa. 

ARTICLE  CV.  The  Powers,  recognising  the  justice  of  the 
claims  of  His  Royal  Highness  the  Prince  Regent  of  Portugal 
and  the  Brazils,  upon  the  Town  of  Olivenca,  and  the  other 
territories  ceded  to  Spain  by  the  Treaty  of  Badajos  of 
1801,  and  viewing  the  restitution  of  the  same  as  a  measure 
necessary  to  insure  that  perfect  and  constant  harmony 
between  the  Two  Kingdoms  of  the  Peninsula,  the  pre- 
servation of  which  in  all  parts  of  Europe  has  been  the 
constant  object  of  their  arrangements,  formally  engage 
to  use  their  utmost  endeavours  by  amicable  means,  to 
procure  the  retrocession  of  the  said  territories  in  favour 
of  Portugal.  And  the  Powers  declare,  as  far  as  depends 
upon  them,  that  this  arrangement  shall  take  place  as  soon 
as  possible.1 

Relations  between  France  and  Portugal. 

ARTICLE  CVI.  In  order  to  remove  the  difficulties  which 
opposed  the  Ratification  on  the  part  of  His  Royal  Highness 
the  Prince  Regent  of  the  Kingdoms  of  Portugal  and  the 
Brazils,  of  the  Treaty  signed  on  the  3Oth  of  May,  1814, 
between  Portugal  and  France ;  it  is  determined  that  the 
stipulations  contained  in  Article  X  of  that  Treaty,  and  all 
those  which  relate  to  it,  shall  be  of  no  effect,  and  that  with 
the  consent  of  all  the  Powers  the  provisions  contained  in 
the  following  Article  shall  be  substituted  for  them,  and 
which  shall  alone  be  considered  as  valid  :  with  this  excep- 
tion, all  the  other  clauses  of  the  above  Treaty  of  Paris 
shall  be  maintained,  and  regarded  as  mutually  binding  on 
the  Two  Courts. 

Restitution  of  French  Guiana. 

ARTICLE  CVII.  His  Royal  Highness  the  Prince  Regent 
of  the  Kingdoms  of  Portugal  and  the  Brazils,  wishing  to 
give  an  unequivocal  proof  of  his  high  consideration  for 
His  Most  Christian  Majesty,  engages  to  restore  French 
Guiana  to  His  said  Majesty,  as  far  as  the  river  Oyapock, 
the  mouth  of  which  is  situated  between  the  fourth  and 
fifth  degree  of  north  latitude,  and  which  has  always  been 
considered  by  Portugal  as  the  Limit  appointed  by  the 
Treaty  of  Utrecht. 

1  This  arrangement  was  never  carried  out. 


CONGRESS  TREATY  OF  VIENNA,  1815        89 

The  period  for  giving  up  this  Colony  shall  be  determined, 
as  soon  as  circumstances  shall  permit,  by  a  Particular 
Convention  between  the  two  Courts ;  and  they  shall 
enter  into  an  amicable  arrangement,  as  soon  as  possible, 
with  regard  to  the  definitive  demarcation  of  the  limits  of 
Portuguese  and  French  Guiana,  conformably  to  the  precise 
meaning  of  Article  VIII  of  the  Treaty  of  Utrecht. 

Navigation  of  Rivers  traversing  different  States. 

ARTICLE  CVIII.  The  Powers  whose  States  are  separated 
or  crossed  by  the  same  navigable  River  engage  to  regulate, 
by  common  consent,  all  that  regards  its  navigation.  For 
this  purpose  they  will  name  Commissioners,  who  shall 
assemble,  at  latest,  within  6  months  after  the  termination 
of  the  Congress,  and  who  shall  adopt,  as  the  bases  of  their 
proceedings,  the  Principles  established  by  the  following 
Articles. 

Freedom  of  Navigation. 

ARTICLE  CIX.  The  navigation  of  the  Rivers,  along  their 
whole  course,  referred  to  in  the  preceding  Article,  from  the 
point  where  each  of  them  becomes  navigable,  to  its  mouth, 
shall  be  entirely  free,  and  shall  not,  in  respect  to  Commerce, 
be  prohibited  to  any  one ;  it  being  understood  that  the 
Regulations  established  with  regard  to  the  Police  of  this 
navigation  shall  be  respected,  as  they  will  be  framed  alike 
for  all,  and  as  favourable  as  possible  to  the  Commerce  of 
all  nations. 

Uniformity  of  System  for  Collection  of  Dues. 

ARTICLE  CX.  The  system  that  shall  be  established  both 
for  the  collection  of  the  Duties  and  for  the  maintenance 
of  the  Police,  shall  be,  as  nearly  as  possible,  the  same 
along  the  whole  course  of  the  River  ;  and  shall  also  extend, 
unless  particular  circumstances  prevent  it,  to  those  of  its 
Branches  and  Junctions,  which,  in  their  navigable  course, 
separate  or  traverse  different  States. 

Regulation  of  the  Tariff. 

ARTICLE  CXI.  The  Duties  on  navigation  shall  be 
regulated  in  an  uniform  and  settled  manner,  and  with  as 
little  reference  as  possible  to  the  different  quality  of  the 


go        CONGRESS  TREATY  OF  VIENNA,  1815 

merchandise,  in  order  that  a  minute  examination  of  the 
cargo  may  be  rendered  unnecessary,  except  with  a  view  to 
prevent  fraud  and  evasion.  The  amount  of  the  Duties, 
which  shall  in  no  case  exceed  those  now  paid,  shall  be 
determined  by  local  circumstances,  which  scarcely  allow 
of  a  general  rule  in  this  respect.  The  Tariff  shall,  however, 
be  prepared  in  such  a  manner  as  to  encourage  commerce 
by  facilitating  navigation  ;  for  which  purpose  the  Duties 
established  upon  the  Rhine,  and  now  in  force  on  that 
River,  may  serve  as  an  approximating  rule  for  its  con- 
struction. 

The  Tariff  once  settled,  no  increase  shall  take  place 
therein,  except  by  the  common  consent  of  the  States 
bordering  on  the  Rivers ;  nor  shall  the  navigation  be 
burdened  with  any  other  Duties  than  those  fixed  in  the 
Regulation. 

Offices  for  Collection  of  Dues. 

ARTICLE  CXII.  The  Offices  for  the  collection  of  Duties, 
the  number  of  which  shall  be  reduced  as  much  as  possible, 
shall  be  determined  upon  in  the  above  Regulation,  and  no 
change  shall  afterwards  be  made,  but  by  common  consent, 
unless  any  of  the  States  bordering  on  the  Rivers  should 
wish  to  diminish  the  number  of  those  which  exclusively 
belong  to  the  same. 

Towing  Paths. 

ARTICLE  CXIII.  Each  State  bordering  on  the  Rivers  is 
to  be  at  the  expense  of  keeping  in  good  repair  the  Towing 
Paths  which  pass  through  its  territory,  and  of  maintaining 
the  necessary  works  through  the  same  extent  in  the  channels 
of  the  river,  in  order  that  no  obstacle  may.be  experienced 
to  the  navigation. 

The  intended  Regulation  shall  determine  the  manner  in 
which  the  States  bordering  on  the  Rivers  are  to  participate 
in  these  latter  works,  where  the  opposite  banks  belong  to 
different  Governments.  . 

Port  and  Harbour  Dues. 

ARTICLE  CXIV.  There  shall  nowhere  be  established 
Store-house,  Port,  or  Forced  Harbour  Duties  (Droits  d'etape, 
d'echelle  et  de  reldche  forcee}.  Those  already  existing  shall 
be  preserved  for  such  time  only,  as  the  States  bordering 


CONGRESS  TREATY  OF  VIENNA,  1815        91 

on  Rivers  (without  regard  to  the  local  interest  of  the  place 
or  the  country  where  they  are  established)  shall  find  them 
necessary  or  useful  to  navigation  and  commerce  in  general. 

Custom-Houses. 

ARTICLE  CXV.  The  Custom-Houses  belonging  to  the 
States  bordering  on  Rivers  shall  not  interfere  in  the  duties 
of  navigation.  Regulations  shall  be  established  to  prevent 
officers  of  the  Customs,  in  the  exercise  of  their  functions, 
throwing  obstacles  in  the  way  of  the  navigation  ;  but  care 
shall  be  taken,  by  means  of  a  strict  Police  on  the  bank,  to 
preclude  every  attempt  of  the  inhabitants  to  smuggle 
goods,  through  the  medium  of  boatmen. 

General  Regulations  to  be  drawn  up. 

ARTICLE  CXVI.  Everything  expressed  in  the  preceding 
Articles  shall  be  settled  by  a  general  arrangement,  in  which 
there  shall  also  be  comprised  whatever  may  need  an 
ulterior  determination. 

The  arrangement  once  settled,  shall  not  be  changed,  but 
by  and  with  the  consent  of  all  the  States  bordering  on 
Rivers,  and  they  shall  take  care  to  provide  for  its  execu- 
tion with  due  regard  to  circumstances  and  locality. 

Confirmation  of  Particular  Regulations  respecting  the  Naviga- 
tion of  the  Rhine,  the  Neckar,  the  Maine,  the  Moselle, 
the  Meuse,  and  the  Scheldt. 

ARTICLE  CXVII.  The  Particular  Regulations  relative  to 
the  navigation  of  the  Rhine,  the  Neckar,  the  Maine,  the 
Moselle,  the  Meuse,  and  the  Scheldt,  such  as  they  are 
annexed  to  the  present  Act,  shall  have  the  same  force  and 
validity  as  if  they  were  textually  inserted  herein. 

Confirmation  of  the  Treaties  and  Particular  Acts  annexed  to 
the  General  Treaty. 

ARTICLE  CXVIII.  The  Treaties,  Conventions,  Declara- 
tions, Regulations,  and  other  particular  Acts  which  are 
annexed  to  the  present  Act,  viz.  : — 

i.  The  Treaty  between  Russia  and  Austria,  of  the 
2ist  April/3rd  May,  1815 ; 


92        CONGRESS  TREATY  OF  VIENNA,  1815 

2.  The   Treaty   between  Russia  and  Prussia,   of  the 
2ist  April/3rd  May,  1815  ; 

3.  The  Additional  Treaty,  relative  to  Cracow,  between 
Austria,  Prussia,  and  Russia,  of  the  2ist  April/3rd  May, 

1815; 

4.  The  Treaty   between  Prussia  and   Saxony  of  the 
i8th  May,  1815  ; 

5.  The  Declaration  of  the  King  of  Saxony  respecting  the 
rights  of  the  House  of  Schonburg,  of  the  i8th  May,  1815  ; 

6.  The  Treaty  between  Prussia  and  Hanover,  of  the 
29th  May,  1815  ; 

7.  The  Convention   between  Prussia  and  the   Grand 
Duke  of  Saxe- Weimar,  of  the  ist  June,  1815  ; 

8.  The  Convention  between  Prussia  and  the  Duke  and 
Prince  of  Nassau,  of  the  3ist  May,  1815  ; 

9.  The  Act  concerning  the  Federative  Constitution  of 
Germany,  of  the  8th  June,  1815  ; 

10.  The  Treaty  between  the  King  of  the  Netherlands, 
and  Prussia,  England,  Austria,  and  Russia,  of  the  3ist 
May,  1815  ; 

11.  The  Declaration  of  the  Powers  on  the  Affairs  of 
the  Helvetic  Confederation  of  the  2oth  March ;    and  the 
Act  of  Accession  of  the  Diet  of  the  27th  May,  1815  ; 

12.  The  Protocol  of  the  29th  March,  1815,  on  the  Cessions 
made  by  the  King  of  Sardinia  to  the  Canton  of  Geneva ; 

13.  The  Treaty  between  the  King  of  Sardinia,  Austria, 
England,  Russia,  Prussia,  and  France,  of  the  20th  May, 

1815; 

14.  The  Act  entitled  '  Conditions  which  are  to  serve  as 
the  Basis  of  the  Union  of  the  States  of  Genoa  with  those 
of  His  Sardinian  Majesty ' ; 

15.  The  Declaration  of  the  Powers  on  the  Abolition  of 
the  Slave  Trade,  of  the- 8th  February,  1815  ; 

16.  The  Regulations  respecting  the  Free  Navigation  of 
Rivers ; 

17.  The  Regulation  concerning  the  Precedence  of  Diplo- 
matic Agents ; 

shall  be  considered  as  integral  parts  of  the  Arrangements 
of  the  Congress,  and  shall  have,  throughout,  the  same  force 
and  validity  as  if  they  were  inserted,  word  for  word,  in  the 
General  Treaty. 


CONGRESS  TREATY  OF  VIENNA,  1815        93 

Invitation  to  the  Powers  assembled  in  Congress  to  accede  to  the 
General  Treaty. 

ARTICLE  CXIX.  All  the  Powers  assembled  in  Congress, 
as  well  as  the  Princes  and  Free  Towns,  who  have  concurred 
in  the  arrangements  specified,  and  in  the  Acts  confirmed, 
in  this  General  Treaty,  are  invited  to  accede  to  it. 

Reservations  as  to  the  use  of  the  French  Language  in  the 
drawing  up  of  this  Act. 

ARTICLE  CXX.  The  French  Language  having  been 
exclusively  employed  in  all  the  copies  of  the  present  Treaty, 
it  is  declared,  by  the  Powers  who  have  concurred  in  this 
Act,  that  the  use  made  of  that  Language  shall  not  be  con- 
strued into  a  Precedent  for  the  future  ;  every  Power,  there- 
fore, reserves  to  itself  the  adoption  in  future  Negociations 
and  Conventions,  of  the  Language  it  has  heretofore  em- 
ployed in  its  diplomatic  relations ;  and  this  Treaty  shall 
not  be  cited  as  a  Precedent  contrary  to  the  established 
practice. 

Ratification  of  the  Treaty  and  Deposit  of  the  Original  in  the 
Archives  of  the  Court  and  State  at  Vienna. 

ARTICLE  CXXI.  The  present  Treaty  shall  be  ratified, 
and  the  Ratifications  exchanged  in  six  months,  and  by  the 
Court  of  Portugal  in  a  year,  or  sooner,  if  possible. 

A  copy  of  this  General  Treaty  shall  be  deposited  in  the 
Archives  of  the  Court  and  State  of  His  Imperial  and  Royal 
Apostolic  Majesty,  at  Vienna,  in  case  any  of  the  Courts  of 
Europe  shall  think  proper  to  consult  the  original  text  of 
this  Instrument. 

In  faith  of  which  the  respective  Plenipotentiaries  have 
signed  this  Act,  and  have  affixed  thereunto  the  Seals  of 
their  Arms. 

Done  at  Vienna,  the  gth  of  June,  in  the  year  of  Our 
Lord,  1815. 

(The  Signatures  follow  in  the  Alphabetical  Order  of  the 
Courts.) 

AUSTRIA, 

(L.S.)     LE  PRINCE  DE  METTERNICH. 
(L.S.)     LE  BARON  DE  WESSENBERG. 


94        CONGRESS  TREATY  OF  VIENNA,  1815 

(ESPAGNE)  SPAIN.1 

FRANCE, 

(L.S.)    LE  PRINCE  DE  TALLEYRAND. 

(L.S.)     LE  DUG  D'ALBERG. 

(L.S.)     LE  COMTE  ALEXIS  DE  NOAILLES. 

GREAT  BRITAIN, 

(L.S.)    CLANCARTY. 
(L.S.)     CATHCART. 
(L.S.)     STEWART,  L.  G. 

PORTUGAL, 

(L.S.)    LE  COMTE  DE  PALMELLA. 

(L.S.)    ANTONIO  DE  SALDANHA  DA  GAMA. 

(L.S.)     D.  JOAQUIM  LOBO  DA  SILVEIRA. 

PRUSSIA, 

(L.S.)     LE  PRINCE  DE  HARDENBERG. 
(L.S.)     LE  BARON  DE  HUMBOLDT. 


RUSSIA, 

(L.S.)     LE  PRINCE  DE  RASOUMOFFSKY. 
(L.S.)     LE  COMTE  DE  STACKELBERG. 
(L.S.)     LE  COMTE  DE  NESSELRODE. 

SWEDEN, 

(L.S.)     LE    COMTE    CHARLES-AXEL    DE    LOWEN- 
HIELM. 

(Save  and  except  the  reservation  made  to  the 
Articles  CI,  CII,  and  CIV  of  the  Treaty.) 

[NOTE. — For  these  reservations,  see  State  Papers,  vol.  ii,  pp.  759, 
760.] 

1  Spain  acceded  to  the  treaty  on  June  7,   1817.     She  did  not 
sign  it. 


CONGRESS  TREATY  OF  VIENNA,  1815        95 


ANNEX  I.  Treaty  between  Austria  and  Russia  respecting 
Poland.  Signedat  Vienna  April  2i/May  3, 1.8I5.1  Articles 
i,  2, 3,  4,  5  were  embodied  in  the  principal  Treaty  as,  respec- 
tively, 5,  3,  4,  6,  and  i.  They  had  reference  to  the  new 
Austro- Russian  frontiers,  &c.  Article  6  enabled  inhabi- 
tants to  leave  the  country  on  its  transfer.  Articles  7,  8,  9 
were  embodied  in  the  principal  Treaty  as  Articles  n,  12, 
and  13,  general  amnesty  and  sequestrations.  Articles  10 
to  23,  property  of  proprietors  having  estates  on  both  sides 
of  boundary  line.  Articles  24  to  29,  navigation  of  rivers 
in  Poland,  tariffs,  &c.  (see  Article  14  of  principal  Treaty). 
Articles  30  to  40  related  to  loans  and  debts,  surrender  of 
documents,  evacuation  of  territories,  &c. 

ANNEX  II.  Treaty  between  Russia  and  Prussia  relating 
to  Poland,  signed  at  Vienna  April  2i/May  3,  1815.2 

Articles  i,  2,  3,  5,  6,  7  are  embodied  in  substance  in  the 
principal  Treaty  as  Articles  2,  6,  i,  n,  12,  13  respectively. 
The  remaining  provisions  of  the  Treaty  are  very  similar  to 
those  of  the  Austro-Russian  Treaty  (see  Annex  I). 

ANNEX  III.  Additional  Treaty  between  Austria, 
Prussia,  and  Russia  relative  to  Cracow.  Signed  at  Vienna 
April  2i/May  3,  1815. 3 

Articles  i,  2,  3,  6,  embodied  in  principal  Treaty  as 
Articles  6,  7,  8,  9.  This  Treaty  constituted  Cracow  a  free, 
neutral,  and  independent  town  under  the  protection  of 
Austria,  Prussia,  and  Russia,  with  consequent  conditions 
and  privileges.  [By  a  treaty  between  the  same  Powers 
dated  November  6,  1846,  the  above  additional  Treaty  was 
abrogated,  the  independence  of  Cracow  was  put  an  end  to, 
and  the  territory  incorporated  with  Austrian  dominions. 
The  British  and  French  Governments  protested  against 
this  infraction  of  the  Treaty  of  Vienna.4  The  constitution 
of  Cracow,  which  was  appended  to  this  Annex,  disappeared 
with  the  Treaty  which  created  it.] 

ANNEX  IV.  Treaty  between  Prussia  and  Saxony  (also 
between  Austria  and  Saxony  and  between  Russia  and 

1  State  Papers,  vol.  ii,  p.  56.  *  Ibid.,  vol.  ii,  p.  63. 

'  Ibid.,  vol.  ii,  p.  74.  '  Hertslet,  vol.  i,  p.  120,  foot-note. 


96         CONGRESS  TREATY  OF  VIENNA,  1815 

Saxony)  on  the  subject  of  territorial  reconstruction.  Signed 
at  Vienna  May  18,  1815.* 

Articles  2, 4, 13, 16,  21  were  incorporated  in  the  principal 
Treaty  as  Articles  15,  16,  20,  21,  and  22.  They  related  to 
territorial  changes,  religious  property,  amnesty,  emigra- 
tion, &c. 

Article  17  concerned  the  navigation  of  the  Elbe.  Article 
19,  supply  of  salt  from  Prussia  duty  free.  Article  22, 
recognition  by  Saxony  of  sovereign  rights  of  Austria, 
Prussia,  and  Russia  in  portions  of  Poland,  &c.  [Great 
Britain  acceded  to  this  Treaty.] 

ANNEX  V.  Declaration  of  King  of  Saxony  on  Rights  of 
House  of  Schonburg,  Vienna,  May  18,  1815.  Act  of  Accep- 
tation by  the  five  Powers,  May  29,  i8i5.2 

ANNEX  VI.  Treaty  (territorial),  Prussia  and  Hanover. 
Vienna,  May  29,  i8i5.3  Articles  i,  2,  4,  5,  6  embodied  in 
the  principal  Treaty  as  Articles  27,  28,  29,  30,  31.  Reci- 
procal cessions,  Prussia,  Hanover,  Brunswick,  Oldenburg, 
navigation  of  the  Ems,  debts,  &c.4 

ANNEX  VII.  Convention  (territorial),  Prussia  and  Saxe- 
Weimar.  Vienna,  June  i,  i8i5.6  Article  3  was  embodied 
in  the  principal  Treaty  as  Article  39.' 

ANNEX  VIII.  Convention  (territorial).  Prussia  and 
Nassau.  Vienna,  May  31, 1815.'  This  convention  contains 
a  stipulation  (Article  5)  relating  to  the  fortress  of  Ehren- 
breitstein,  enabling  Prussia  to  erect  military  works  within 
a  certain  radius  of  the  fortress  '  even  in  those  communes 
which  may  remain  under  the  Sovereignty  of  the  House  of 
Nassau '. 

ANNEX  IX.  Act  concerning  the  Federative  Constitution 
of  Germany.  Vienna,  June  8, 1815. 8  Articles  I  to  II,  first 
paragraph,  are  embodied  in  the  principal  Treaty  as 
Articles  53  to  63.  This  Act  established  a  Confederation  of 
the  Sovereign  Princes  and  Free  Towns  of  Germany  (17  in 

1  State  Papers,  vol.  ii,  p.  84.  *  Ibid.,  vol.  ii,  pp.  93,  94. 

*  Ibid.,  vol.  ii,  p.  94. 

4  The  Kingdom  of  Hanover  was  annexed  to  Prussia  by  Decree  of 
September  20,  1866  ;  State  Papers,  vol.  Ivi,  p.  1067. 

*  State  Papers,  vol.  ii,  p.  100. 

•  A  further    Convention  on  the  same  subject  was   concluded 
between  the  two  Powers  on  September  22,   1815  ;    State  Papers, 
vol.  ii,  p.  944. 

7  State  Papers,  vol.  ii,  p.  102. 

•  Ibid.,  vol.  ii,  p.  1 14. 


CONGRESS  TREATY  OF  VIENNA,  1815        97 

number),  including  Denmark  for  the  Duchy  of  Holstein 
and  the  Netherlands  for  the  Grand  Duchy  of  Luxemburg, 
forming  together  the  Germanic  Confederation  for  the  main- 
tenance of  the  safety  of  Germany  and  the  independence  of 
the  confederated  States.  Austria  was  also  a  member  of 
this  Confederation.  A  Federative  Diet  was  formed  to  sit 
at  Frankfort,  each  of  the  17  members  having  one  vote,  and 
a  General  Assembly  in  which  the  number  of  votes  to  each 
member  was  apportioned  according  to  the  respective  extent 
of  the  individual  States.  The  Act  further  contained  stipu- 
lations on  various  matters  bearing  on  the  regulation  of 
affairs. 

ANNEX  X.  Treaty,  Great  Britain,  &c.  and  Netherlands. 
Vienna,  May  31,  I8I5.1  Union  of  the  Netherlands  and 
Belgium,2  cessions  of  territory,  Luxemburg,  boundaries, 
&c.  Articles  i  to  8  were  embodied  in  the  principal  Treaty 
as  Articles  65  to  73.  Appended  to  the  Treaty  is  an  Act  of 
the  Netherlands  Government  of  July  21,  1814,  accepting 
the  sovereignty  of  the  Belgian  Provinces. 

ANNEX  XI  A.  Declaration  (8  Powers)  respecting  Hel- 
vetic Confederacy.  Vienna,  March  20,  i8i5.3  Articles  i 
to  8  are,  with  certain  omissions,  embodied  in  the  principal 
Treaty  as  Articles  74,  75,  76,  77,  79,  81,  82,  83.  They  deal 
with  the  integrity  of  the  Cantons,  the  addition  of  3  new 
Cantons,  and  stipulations  for  regrouping  of  territory, 
military  roads  and  other  internal  arrangements. 

ANNEX  XI  B.  Act  of  Acceptance  by  Switzerland  of  the 
above  Declaration.  Zurich,  May  27,  1815. 4 

ANNEX  XII.    Protocol  (8  Powers).    Vienna,  March  29, 

1815. 5  Cessions  by  Sardinia  to  Geneva.    Passage  of  troops. 
Protection  of  Catholic  religion  in  ceded  territory,  &c. 

ANNEX  XIII.  Treaty,  Austria  and  Sardinia  (also  Great 
Britain,  Russia,  Prussia,  and  France).  Vienna,  May  20, 

1815. 6  Articles  i  to  8  embodied  in  principal  Treaty  as 
Articles  85  to  92.    Boundaries  of  Sardinia,  union  of  Genoa, 
fortifications,  cessions  to  Geneva,  neutrality  of  Chablais 
and  Faucigny,  passage  of  troops,  &c.     Appended  to  this 

1  State  Papers,  vol.  ii,  p.  136. 

*  This  Union  was  dissolved  by  Treaties  of  November  15,  1831, 
and  April  19,  1839 ;  see  State  Papers,  vol.  xviii,  p.  645,  and  vol.  xxvii, 
p.    1000.     This  matter  is  subsequently  dealt  with  in  a  separate 
chapter:  seep.  126 fi. 

1  State  Papers,  vol.  ii,  p.  142.  4  Ibid.,  vol.  ii,  p.  147. 

•  Ibid.,  vol.  ii,  p.  149.  •  Ibid.,  vol.  ii,  p.  152. 

1903 


98  CONGRESS  TREATY  OF  VIENNA,  1815 

Annex  are  the  conditions  respecting  the  government  of 
Genoa,  Geneva,  &c. 

ANNEX  XIV.  Conditions  attaching  to  union  of  Genoa 
with  Sardinia.1 

ANNEX  XV.  Declaration  (8  Powers).  Vienna,  February 
8, 1 815.2  Proposed  universal  abolition  of  the  Slave  Trade  ; 
to  be  a  subject  for  separate  negotiations  between  the  Powers. 

ANNEX  XVI.  Regulations.  Vienna,  March  i8i5.3 
Embodied  in  the  principal  Treaty  as  Articles  108  to  116. 
Navigation  of  rivers.  General  arrangements,  uniformity 
of  system,  &c.  The  Rhine,  Neckar,  Maine,  Moselle,  Meuse, 
Scheldt. 

ANNEX  XVII.  Regulations.  Vienna,  March  19,  i8i5.4 
Concerning  the  Rank  and  Precedence  of  Diplomatic  Agents. 

The  above  epitome  gives  roughly  the  purport  of  the 
seventeen  Annexes  to  the  Vienna  Congress  Treaty  of 
June  9,  1815. 

1  Stale  Papers,  vol.  ii,  p.  959.  *  Ibid.,  vol.  iii,  p.  971. 

*  Ibid.,  vol.  ii,  p.  162.  •  Ibid.,  vol.  ii,  p.  179. 


CHAPTER  III 

THE  INDEPENDENCE  OF  GREECE. 

Nationalism  in  Europe  —  Mediaeval  Greece  —  Greece  and  the 
Turks  —  Phanariots  —  Cora.es  —  Revolt  of  Greece  —  England 
and  Greece  —  Nicholas  I  —  Protocol  of  St.  Petersburg  —  Treaty 
of  1827  —  Navarino  —  Campaigns  of  Diebitsch  —  Treaty  of 
Adrianople  —  Capodistrias  and  Leopold  of  Saxe-Coburg  —  Treaty 
of  London,  1832  —  Bavarian  Regime  —  The  Danish  Dynasty  — 
Treaty  of  London,  1863  —  Accessions  of  Territory  —  The  Euro- 
pean War  —  M.  Venizelos  —  Salonika  —  King  Constantino  —  The 
Provisional  Government. 

Texts:  The  Treaty  of  London  (1832) — The  Protocol  of  London 
(1830)  —The  Treaty  of  London  (1863). 

FOR  thirty-three  years  after  the  Congress  of  Vienna,  the 
peace  of  Europe,  though  often  threatened,  was  never 
seriously  disturbed.  This  was  partly  due  to  the  aversion 
from  war  left  upon  men's  minds  by  the  memory  of  the  san- 
guinary period  which  had  been  ushered  in  by  the  French 
Revolution  ;  partly  also  to  the  efforts  of  the  Holy  Alliance 
to  maintain  the  peace  of  Europe  by  concerted  action  of 
the  Powers.  But  the  policy  of  the  Holy  Alliance  could  not 
be  maintained  against  the  growing  sentiment  of  nationalism, 
which  by  the  year  1820  was  showing  itself  to  be  a  potent 
force  in  Spain,  Italy,  and  in  Greece.  It  was  in  the  latter 
country  that  nationalism  attained  one  of  its  earliest  and 
most  remarkable  developments  in  the  nineteenth  century. 

Greece,  since  the  great  days  of  the  fifth  century  before 
Christ,  had  passed  through  many  vicissitudes.  In  turn, 
Romans,  Byzantines,  and  crusading  Franks  had  held  it. 
Italians  from  Naples,  Florence,  and  Venice  had  left  their 
mark  in  Attica  and  the  Morea.  But  by  1460  the  whole  of 

11  2 


ioo         THE  INDEPENDENCE  OF  GREECE 

Greece  had  come  under  the  Turks,  whose  dominion  over  it, 
except  for  eighteen  years  of  Venetian  government  in  the 
Morea  (1699  to  1718),  remained  unbroken  till  the  nineteenth 
century  had  run  one-quarter  of  its  course. 

In  the  meantime,  during  the  Middle  Ages  and  the  later 
centuries,  the  Greeks  had  not  preserved  the  ancient  purity 
of  their  race.  The  Slavs  had  come  down  south  of  the 
Balkans,  and  the  Albanians  had  penetrated  as  far  even  as 
Attica.  The  Greek  language  had  become  degraded  into 
patois,  filled  with  alien  words  ;  the  glorious  classics  of 
ancient  Greece  were  forgotten  in  the  land. 

But  in  the  hundred  years  before  the  War  of  Independence 
actually  broke  out,  forces  were  at  work  which  gradually 
wrought  upon  the  modern  Greeks  the  consciousness  that 
they  were  the  heirs  of  an  ancient  heritage,  that  they  were 
a  people  fitted  still  to  be  free  and  independent. 

This  growth  of  a  national  sentiment  was  not  the  result 
of  Turkish  misgovernment.  The  Turks  have  indeed  never 
been  good  administrators.  Their  financial  and  judicial 
systems  in  Greece  were  in  certain  directions  oppressive 
owing  to  an  arbitrary  and  corrupt  element  in  them.  Yet 
the  Turks,  like  all  arbitrary  but  ill-organized  governments, 
left  a  considerable  amount  of  freedom  to  their  subjects, 
and  the  Greeks  under  their  rule  enjoyed  a  considerable 
share  of  prosperity.  This  prosperity  was  noticeable 
throughout  the  whole  of  the  eighteenth  century.1  The 
peasantry  either  cultivated  their  own  land,  or  held  it  as 
tenants,  paying  a  fixed  amount  of  the  produce  as  rent. 
Their  social  and  economic  condition  was  good  :  '  in  com- 
parison with  the  Prussian  serf,  the  Greek  cultivator  at  the 
beginning  of  the  eighteenth  century  was  an  independent 
man  ;  in  comparison  with  the  English  labourer,  he  was 
well  fed  and  well  housed.' 2  Their  prosperous  condition 

1  See  Finlay,  History  of  Greece  (146  B.C.-A.D.  1864),  edition  1877, 
vol.  v,  ch.  v. 
*  Fyffe,  Modern  Europe,  chap,  iv,  edition  1892,  p.  238. 


GREECE 

1832-1913 

English  Miles 


102          THE  INDEPENDENCE  OF  GREECE 

made  them  receptive  of  other  influences  which  tended  to 
a  spiritual  awakening.  There  were,  moreover,  sufficient 
sources  of  irritation  in  the  Turkish  regime  to  make  the 
Greeks  look  upon  their  conquerors  as  infidel  oppressors. 

The  Greek  Church  had  always  kept  alive  a  certain  amount 
of  national  feeling.  The  lower  clergy  were  men  of  the 
people,  married,  very  little  above  the  level  of  those  whose 
spiritual  needs  they  tended.  They  were  superstitious  and 
unlearned,  but  had  not  the  less  on  this  account  the  sym- 
pathy of  their  flock.  The  higher  clergy,  the  bishops, 
belonged  to  the  monastic  side  of  the  Church  ;  they,  too, 
had  considerable  influence  over  the  people,  through  the 
bishops'  courts,  where  the  Turks  permitted  cases  of  both 
spiritual  and  secular  interest  to  be  brought.  The  services 
of  the  Church  preserved  something  more  of  the  classical 
Greek  language  than  was  contained  in  the  vernacular  of 
the  country. 

Under  the  Turkish  regime  there  was  almost  an  official 
aristocracy  of  Greeks — wealthy  families,  dwelling  in  the 
quarter  of  Constantinople  by  the  Phanar  lighthouse.  These 
'  Phanariot '  Greeks  regularly  held  important  appointments 
in  the  Turkish  administration,  such  as  that  side  of  it  which 
dealt  with  foreign  relations,  with  the  drafting  of  treaties, 
and  such  matters.  Moreover,  since  the  end  of  the  native 
tributary  princes  of  Wallachia  and  of  Moldavia  between 
1711  and  1716,  the  Phanariot  Greeks  had  by  purchase  se- 
cured the  '  farm '  of  the  governorship  of  the  Principalities. 
The  Phanariots  were  well-educated  and  often  able  men, 
who  did  much  by  establishing  schools  to  spread  the  feeling 
of  Hellenism  throughout  their  countrymen.  In  this  work, 
at  the  end  of  the  eighteenth  century,  they  were  much 
helped  by  wealthy  Greeks  who  had  established  themselves 
in  Odessa,  a  city  which  was  founded  by  the  Russians  in 
1794,  and  where  Greek  merchants  established  a  great  hold 
upon  the  corn-trade. 

The  one  man  who  did  more  than  any  other  to  train  and 


REVOLT  OF  GREECE  103 

develop  the  comparatively  small  germ  of  national  feeling 
which  existed  before  his  time  among  the  Greeks  was 
Adamantos  Coraes,  who  devoted  his  long  life  to  re-creating 
Greek  literature  and  spreading  the  knowledge  of  the 
ancient  Hellenic  classics.  This  great  scholar  lived  from 
the  year  1748  to  ^i 833,  and  from  the  year  1789  resided  at 
Paris,  an  observer  of  the  French  Revolution  and  of  the 
reverberations  of  that  remarkable  event  in  Western  Europe. 
Spiritual  things  are  more  potent  than  material,  and  it  is 
impossible  to  over-estimate  the  effect  of  the  scholarship  of 
Coraes.  Expensive  editions  of  Homer  and  Aristotle  may 
not  appear  at  first  sight  to  be  the  best  means  of  rousing  an 
ignorant  and  half- Slavonic  people  to  a  sense  of  community 
with  the  free  ancient  Greeks  whose  language  they  did  not 
understand.  But  Greek  studies  had  never  been  really  dead 
among  thePhanariots  at  anytime  in  the  eighteenth  century.1 
Coraes  had  something  to  build  upon,  and  gradually  he  not 
merely  extended  the  knowledge  of  ancient  Greek  literature, 
with  all  the  political  ideals  that  it  contained,  but  he  also 
created  a  literary  language  for  the  modern  Greeks,  a  vehicle 
for  the  transmission  of  knowledge,  purer  than  the  debased 
patois  of  the  peasants,  but  not  so  archaic  as  to  be  unsuitable 
for  the  needs  of  modern  men. 

By  the  end  of  the  Napoleonic  Wars,  Greece  was  ready 
to  revolt.  There  was  a  large  mercantile  marine,  manned 
by  the  hardy  islanders  of  the  Aegean,  sailing  largely  under 
the  Russian  flag,  monopolizing  a  great  part  of  the  commerce 
of  the  Black  Sea  and  the  Levant.  The  powerful  secret 
society,  the  Hetaeria  Philike,  founded  by  the  wealthy 
enlightened  Greeks  of  Odessa  in  1814,  did  much  to  spread 
the  seeds  of  revolt.  In  1820  Alexander  Ypsilanti,  who 
belonged  to  a  distinguished  Phanariot  family,  and  had 
risen  to  be  a  major-general  in  the  service  of  the  Tsar 
Alexander  I,  was  elected  president  of  the  Hetaeria  Philike. 

1  See  Rhangabe,  Histoire  litltraire  de  la  Grlce  moderns  (Paris, 
1877)  ;  Coraes,  Autobiography  (in  Greek),  Athens,  1891. 


104         THE  INDEPENDENCE  OF  GREECE 

Next  year,  March  6,  1821,  he  crossed  the  Pruth  with  his 
following  of  Greek  officers  from  the  Russian  service.  The 
revolt  was  ill-timed  and  ill-conducted.  Some  temporary 
success  was  attained  in  the  Principalities,  but  before  June 
was  out  the  Turks  had  driven  him  across  the  frontier  into 
Austrian  territory,  where  he  was  imprisoned  for  the  next 
seven  years,  and  then  released  to  die  in  poverty.  The 
revolt  was  thus  suppressed  in  Wallachia  and  Moldavia,  but 
it  broke  out  simultaneously  in  the  Morea  and  soon  spread 
throughout  all  Greece.  But  it  had  no  great  success  for 
some  years  yet.  For  when  the  Porte  had  succeeded  in 
subduing  their  rebellious  Pasha,  Ali  of  Yanina,  their  forces 
were  too  much  for  the  divided,  ill-organized  Greeks.  Nor 
did  the  Powers  of  Europe  give  them  any  encouragement 
or  support. 

For  five  years  war  went  on  without  any  decisive  result. 
The  peasant-soldiers  of  the  Greek  mainland  and  the  hardy 
islanders  by  sea  proved  themselves  to  be  good  fighters. 
Yet  the  war  was  not  more  creditable  to  the  Greeks  than 
to  the  Turks  ;  it  became  a  war  of  religion  and  of  race, 
disgraced  by  terrible  massacres  on  either  side.  The  Greeks 
themselves  could  not  agree,  and  at  times  there  was  open 
civil  war  among  them. 

The  public  opinion  of  Europe  was  in  favour  of  the  Greek 
national  cause,  but  the  Governments  at  first  were  against 
it.  In  1821  Castlereagh  still  directed  British  foreign  policy, 
and  was  anxious  to  maintain  the  existing  state  of  affairs, 
fearful  of  another  general  conflagration  such  as  Europe 
had  passed  through  after  the  French  Revolution.  Metter- 
nich  was  still  the  guiding  spirit  of  the  Holy  Alliance,  and 
prevented  Alexander  I  of  Russia  from  giving  support  to 
the  Greeks. 

In  1822  Castlereagh  died  by  his  own  hand,  and  was 
succeeded  as  Foreign  Secretary  by  the  liberal-minded 
Canning.  British  volunteers,  such  as  the  poet  Byron,  the 
soldier  Church,  the  sailor  Cochrane,  who  in  their  different 


NICHOLAS  I  105 

ways  gave  most  valuable  help,  joined  themselves  to  the 
Greek  cause.  Yet  the  year  1825  closed  with  the  Greek 
cause  standing  lower  than  ever,  for  Sultan  Mahmud  had 
called  in  the  support  of  his  independent  Pasha,  Mehemet 
Ali  of  Egypt,  whose  able  son  Ibrahim  reconquered  the 
Morea.  The  British  Government  had  felt  bound  to 
prohibit  its  subjects  from  taking  any  part  in  the  war.1 
But  at  the  end  of  the  year  (December  i,  1825)  Tsar 
Alexander  I  of  Russia  died,  giving  place  to  his  younger 
brother,  the  determined  and  energetic  Nicholas  I,  who 
gradually  and  in  the  end  decisively  made  his  influence  felt 
upon  the  destinies  of  Greece. 

The  Tsar  Nicholas  was  no  democrat,  but  as  the  head  of 
Russia  his  interests  lay  in  striking  at  Turkish  power  in 
Europe,  and  in  helping  the  Orthodox  Greek  subjects  of  the 
Porte.  Canning,  unlike  Nicholas,  was  both  liberal-minded 
and  the  inheritor  of  a  tradition,  then  just  becoming  firmly 
established,  of  friendship  with  Turkey  and  support  of  Turkey 
in  Europe.  Yet  he  had  sympathy  with  national  ideals  and 
with  Greek  aspirations,  and  the  public  opinion  of  England 
was  with  him.  He  decided  to  approach  Nicholas,  and 
accordingly  in  1826  sent  the  Duke  of  Wellington  to  Petro- 
grad.  The  Duke,  a  strong  Conservative,  a  firm  upholder 
of  constituted  authority,  had  no  liking  for  a  mission  in 
favour  of  the  rebel  Greeks.  Yet  when  asked  to  go  to 
Petrograd,  his  simple  creed  of  duty  admitted  of  no  alter- 
native. Once  he  made  up  his  mind  to  carry  out  the  mission, 
no  man  was  better  fitted  for  it.  His  character  was  natur- 
ally congenial  to  Nicholas,  and  it  did  not  take  them  long 
to  come  to  an  understanding.  On  April  4,  1826,  the  Pro- 
tocol of  St.  Petersburg  was  signed.2 

1  Proclamation  with  penalties  attaching,  September  30,  1825,  in 
Hertslet.  vol.  i,  No.  125.  This  was  apparently  merely  the  usual 
Proclamation  of  Neutrality  issued  under  the  provisions  of  the 
Foreign  Enlistment  Act  (59  Geo.  Ill,  cap.  69).  Its  effect  may 
probably  have  been  to  recognize  the  Greeks  as  belligerents. 

1  Hertslet,  vol.  i,  No.  129. 


106         THE  INDEPENDENCE  OF  GREECE 

By  this  arrangement  Great  Britain  and  Russia  agreed 
to  offer  their  mediation  to  the  Porte  with  a  view  to  placing 
Greece  in  the  position  of  a  Dependency  of  Turkey.  The 
Greeks  '  should  pay  to  the  Porte  an  annual  Tribute ',  and 
'  should  be  exclusively  governed  by  authorities  to  be 
chosen  and  named  by  themselves,  but  in  the  nomination 
of  which  authorities  the  Porte  should  have  a  certain 
influence  '-1  If  the  Porte  should  reject  the  proffered  media- 
tion, Great  Britain  and  Russia  were  still  to  consider  this 
scheme  as  the  basis  of  any  settlement  '  to  be  effected  by 
their  intervention,  whether  in  concert  or  separately  '.a 

Next  year  France  gave  its  adhesion  to  the  policy  laid 
down  in  the  Protocol  of  St.  Petersburg.  On  July  6,  i827,3 
the  three  countries  concluded  a  formal  treaty  embodying 
the  provisions  of  that  document.  To  this  were  added  some 
important  clauses.  If  the  Turks  refused  the  mediation 
the  Allies  would  take  steps  to  recognize  Greek  indepen- 
dence by  appointing  consular  agents  to  Greece.  If  neither 
side  would  agree  to  an  armistice,  the  Allies  would  take 
steps  to  prevent  a  collision  between  them,  '  without,  how- 
ever, taking  any  part  in  the  hostilities  between  the  Two 
Contending  Parties '. 

The  Treaty  of  London  was  Canning's  last  achievement. 
He  had  only  become  Prime  Minister,  in  succession  to  the 
venerable  Earl  of  Liverpool,  in  April.  In  August  he  him- 
self died.  Lord  Goderich  became  Prime  Minister.  It  was 
during  this  statesman's  term  of  office  that  the  momentous 
battle  of  Navarino  occurred. 

An  armistice  had  been  proposed  to  the  belligerents  ;  this 
the  Greeks  had,  naturally,  accepted  readily,  but  the  Turks 
had  refused.  Accordingly  the  Allied  admirals  in  the 
Mediterranean,  in  accordance  with  their  instructions, 
resolved  to  put  pressure  on  the  Porte.  On  October  20  the 
English,  French,  and  Russian  squadrons  sailed  into  the 

»  Hertslet,  Article  I.  *  Ibid.,  Article  III. 

*  Treaty  of  London  :    Hertslet,  vol.  i,  No.  136. 


TREATY  OF  ADRIANOPLE  107 

Bay  of  Navarino,  the  ancient  Pylus,  on  the  south-east  coast 
of  the  Morea.  The  object  of  the  admirals  was  to  parley 
with  the  Turkish  commander  and  to  persuade  him  to  an 
armistice.  The  Turkish  chief,  Ibrahim  Pasha,  was  at  the 
time  away  with  his  land  forces,  devastating  the  Morea. 
The  colloquy  with  the  Turks  in  Navarino  Bay  ended,  as  it 
was  practically  certain  to  do,  with  hostile  acts  on  the  part 
of  the  Turkish  captains.  The  Allied  fleet  was  in  battle 
order,  ready  for  such  an  emergency.  A  general  conflict 
ensued,  and  by  the  end  of  the  day  the  Egyptian  fleet  was 
destroyed. 

This  great  battle  saved  Greece,  for  although  the  main- 
land was  now  overrun  by  the  Turks,  they  could  not  touch 
the  Islands,  the  real  strongholds  of  the  Greek  cause.  Yet 
its  immediate  results  were  disappointing.  Admiral  Cod- 
rington,  who  as  senior  officer  was  in  command  of  the  Allied 
fleet,  wished  to  force  the  Dardanelles  (then  quite  a  feasible 
operation),  and  by  appearing  off  Constantinople,  to  compel 
the  Porte  to  accept  the  Treaty  of  London.  But  Canning's 
vigorous  hand  was  no  longer  at  the  helm  of  the  ship  of 
state.  Lord  Goderich  resigned.  The  Duke  of  Wellington 
became  Prime  Minister,  resolved  that  he  would  intervene 
no  further.  The  inaction  of  Britain,  however,  made  very 
little  difference  to  Greece  now  ;  it  only  meant  that  Russia 
would  gain  the  laurels  which  Britain  should  have  shared 
with  her.  On  April  20,  1828,  Tsar  Nicholas  began  war 
upon  Turkey.  The  campaign  of  this  year  was  a  failure, 
but  in  1829  the  soldierly  qualities  of  Diebitsch  quickly 
made  themselves  felt.  The  passage  of  the  Balkans  was 
forced,  and  on  September  14  the  Porte  accepted  terms  of 
peace  at  Adrianople.1  By  Article  X  of  this  treaty  Turkey 
agreed  to  adhere  to  the  Treaty  of  London,  1827,  in  which 
Great  Britain,  Russia,  and  France  denned  their  scheme 
for  the  settlement  of  Greece. 

The  independence  of  Greece  was  thus  achieved.  While 
1  Hertslet,  vol.  i,  No.  145. 


roS         THE  INDEPENDENCE  OF  GREECE 

the  Russians  had  been  fighting  in  Bulgaria,  the  Greeks  in 
the  Morea,  aided  by  a  French  expedition  sent  in  1828, 
had  reconquered  that  region.  On  February  3,  1830,  the 
three  Powers,  Great  Britain,  France,  and  Russia,  by  a 
protocol  entered  into  at  London,  carried  into  effect  the 
declared  intention  of  their  Treaty  of  1827.  The  Porte, 
by  Article  X  of  the  Treaty  of  Adrianople,  had  agreed  to 
such  a  course  of  action  on  the  part  of  the  Powers.  But 
the  Protocol  of  1830 l  secured  to  Greece  far  better  terms 
than  the  Treaty  of  1827  had  outlined,  for  in  the  interval 
the  Turks  had  been  defeated  by  land  and  sea,  had  lost  the 
whole  of  Greece  south  of  the  Gulf  of  Corinth  and  a  con- 
siderable tract  to  the  north  of  the  Gulf,  and  had  been  faced 
with  the  prospect  of  seeing  a  Russian  army  before  the  walls 
of  Constantinople.  Their  chance  of  keeping  the  Greeks 
tributary  had  therefore  passed  away.  The  Protocol  of 
London,  1830,  declared  Greece  to  be  a  completely  inde- 
pendent State.  It  was  to  be  a  monarchy,  under  a  Sovereign 
Prince,  who  should  not  be  a  member  of  the  reigning  families 
of  any  of  the  Powers  signatory  of  the  Treaty  of  1827.  Since 
1827  the  President  of  the  Greek  Government  had  been  the 
able  and  patriotic  Capodistrias.  On  February  n,  1830, 
the  crown  was  accepted  by  Leopold  of  Saxe-Coburg  (sub- 
sequently King  Leopold  I  of  Belgium),  but  he  never  came 
to  his  adopted  country,  for  he  renounced  it  in  May  of  the 
same  year.  Capodistrias  therefore  remained  President,  but 
was  himself  assassinated  in  October  1831.  His  death  was 
followed  by  another  troubled  period  in  Greece,  till  on 
May  7,  1832,  the  three  Powers  made  their  final  act,  the 
well-known  Treaty  of  London,  which  definitely  secured 
Greek  independence,  on  a  substantial  footing. 

The  preamble  to  this  treaty  refers  to  the  desire  which 

the  Greek  leaders  had  on  various  occasions  expressed  to 

the  three  Powers  that  they  would  intervene  to  effect 

a  settlement  between  Greece  and  Turkey.     The  Turks, 

1  Hertslet,  vol.  ii,  No.  149. 


TREATY  OF  LONDON,  1832  icg 

naturally,  had  refused  such  mediation,  as  long  as  their 
arms  were  successful.  But  the  battle  of  Navarino  and 
the  campaign  of  General  Diebitsch  had  put  an  end  to  the 
Turks'  chances  of  subduing  Greece,  and  this  they  had 
definitely  recognized  when  they  concluded  the  Treaty  of 
Adrianople.  The  Protocol  of  London,  1830  (p.  108),  had 
made  Greece  independent  under  the  guarantee  of  the  three 
Powers,  and  is  referred  to  in  Articles  IV  and  VI  of  the  1832 
Treaty.  The  Treaty  of  1827  had  declared  that  Greece 
should  be  tributary  to  Turkey  :  the  Turks  refused  this. 
The  Protocol  of  1830  had  declared  that  Greece  should  be 
independent  under  a  Sovereign  Prince.  Finally,  the  1832 
Treaty  made  Greece  a  kingdom. 

By  Article  I  the  crown  was  offered  to  a  prince  of  the 
ancient  House  of  Wittelsbach,  Frederick  Otho,  second  son 
of  King  Ludwig  I  of  Bavaria.  Article  IV  placed  the  inde- 
pendence of  Greece  under  the  guarantee  of  Great  Britain, 
France,  and  Russia ;  this  guarantee  is  referred  to  and  con- 
tinued in  the  Treaty  of  London,  July  13,  I863.1  Article  V 
leaves  the  Greek  boundaries  to  be  settled  by  negotiations 
which  were  then  going  on  between  the  three  Powers  and  Tur- 
key. Article  VIII  contains  the  stipulation,  usual  in  treaties 
regarding  the  establishment  of  a  dynasty  belonging  to  an 
already  reigning  house,  that  the  two  crowns  are  never  to 
be  united.  Three  other  points  of  permanent  interest  appear 
in  the  treaty :  by  Article  XII  the  three  Powers  engaged, 
the  Emperor  of  Russia  by  his  autocratic  power,  Great  Britain 
and  France  with  the  consent  of  their  legislative  bodies,  to 
guarantee  the  interest  and  sinking  fund  of  a  loan  to  be 
raised  by  Greece.  Article  XIII  refers  to  a  pecuniary 
indemnity  to  Turkey,  for  loss  of  territory  owing  to  the 
establishment  of  Greek  independence.  Articles  XIV  and 
XV  declared  that  a  small  body  of  troops  and  officers  should 
be  brought  from  Bavaria  to  Greece,  to  assist  in  its  organi- 
zation. 

1  See  pp.  123-125. 


no         THE  INDEPENDENCE  OF  GREECE 

Under  the  conditions  of  Article  XII  Greece  raised  a  loan 
of  60,000,000  francs  ;  in  1857,  owing  to  the  failure  of  the 
Greek  Government  to  meet  the  charges  for  interest  and 
sinking  fund,  Great  Britain,  France,  and  Russia  had  to 
supply  the  necessary  funds.  In  1860  an  arrangement  was 
come  to  by  which  Greece  should  begin  again  to  contribute 
towards  the  discharge  of  her  obligations,  by  paying  £12,000 
per  annum  to  each  of  the  three  Powers,  who  were  dis- 
charging her  loan.  This  arrangement  is  still  in  force,  but, 
during  the  lifetime  of  King  George,  the  three  Powers, 
under  the  Treaty  of  March  29,  1864,  annually  gave  back 
£4,000  each  as  an  addition  to  the  Civil  List  of  the  Greek 
Crown. 

The  indemnity  referred  to  in  Article  XIII  was  fixed  at 
40,000,000  piastres,  in  the  boundary  treaty  between  Great 
Britain,  France,  and  Russia  on  the  one  part,  and  Turkey  on 
the  other,  concluded  on  July  21,  1832.  This  sum,  equal  to 
about  £375,000,  was  not  of  course  compensation  to  Turkey 
for  the  loss  of  Greece,  but  for  losses  due  to  individual  landed 
proprietors. 

The  presence  of  Bavarian  officers  and  councillors  round 
King  Otho  gave  an  influence  to  his  method  of  government 
which  was  not  conducive  to  his  popularity  in  Greece.  In 
1862  his  Government  was  overthrown  by  a  military  revolt, 
and  the  king  himself  deposed  by  a  National  Assembly.  In 
the  Treaty  of  1832,  Great  Britain,  France,  and  Russia  had 
not  guaranteed  King  Otho  and  his  dynasty,  but  only  the 
independence  of  Greece.  Accordingly,  when  the  National 
Assembly  elected  Prince  William  of  Schleswig-Holstein- 
Sonderburg-Gliicksburg  (second  son  of  Christian  IX  of 
Denmark)  as  king,  Great  Britain,  France,  and  Russia 
agreed  to  this  by  another  Treaty  of  London,  July  13,  1863. 
The  new  king  was  to  take  the  title  of  George  I,  King  of  the 
Greeks  (Article  II),  but  later  in  the  same  year  it  was  altered 
to  King  of  the  Hellenes.1  By  Article  III,  Greece,  under 
>  This  Treaty  is  in  Hertslet,  vol.  ii,  No.  347. 


ACCESSIONS  OF  TERRITORY  in 

the  sovereignty  of  Prince  William  of  Denmark,  and  the 
guarantee  of  the  three  Courts,  forms  a  monarchical,  inde- 
pendent, and  constitutional  State. 

The  boundary  of  Greece  as  settled  by  the  negotiations 
referred  to  in  Article  V  of  the  Treaty  of  May  7,  1832, 
included  only  some  750,000  of  the  Hellenic  race.  The  con- 
tinental boundary  ran  from  the  Gulf  of  Volo  to  the  Gulf  of 
Arta,  that  is  to  say,  from  a  point  on  the  mainland  north  of 
the  Island  of  Euboea,  on  the  east  of  Greece,  to  a  point  just 
north  of  Acarnania  on  the  west.1  A  previous  convention 
had  defined  the  insular  possessions  of  Greece  as  the  Island 
of  Euboea  or  Negropont  and  the  Cyclades.2  All  this  was 
indeed  but  a  very  small  part  of  the  ancient  Hellas.  By 
the  Treaty  of  London,  1863,  when  the  three  Powers  recog- 
nized the  succession  of  the  Prince  of  Denmark,  Great  Britain 
also  gave  to  Greece  the  Ionian  Islands,3  which  had  been 
a  British  protectorate  since  1815.  During  the  Crimean  War, 
and  again  in  the  Russo-Turkish  War  of  1877-8,  Greece 
had  attempted  to  increase  her  continental  boundaries  at 
the  expense  of  Turkey.  The  Congress  of  Berlin  listened 
to  Greek  delegates,  but  Greece  gained  nothing  by  the 
Treaty  of  Berlin.  Her  affairs  were  now  in  the  hands  of  all 
the  six  Great  Powers  of  Europe,  and  through  their  influence 
Turkey  was  induced  to  give  up  Thessaly  to  Greece  in  i88i.4 
The  French  Minister  of  Foreign  Affairs,  W.  H.  Waddington, 
greatly  contributed  to  this  result.  The  disastrous  war 
of  1897  with  Turkey  left  Greece  with  a  worse  position 
on  the  Thessalian  frontier  and  completed  her  national 
bankruptcy,  which  happened  the  same  year.  In  1912-13, 

1  Treaty  between  Great  Britain,  France,  and  Turkey  (Constanti- 
nople), July  21,  1832.  Hertslet,  vol.  ii,  No.  161. 

1  Ibid.,  No.  142.    March  22,  1829. 

1  See  also  Treaty  between  Great  Britain,  France,  Russia,  and 
Greece  (London),  March  29,  1864.  Hertslet,  vol.  iii,  No.  357. 

•  Treaty  between  the  six  Powers  and  Turkey  (Constantinople). 
May  24.  1 88 1.  Hertslet,  vol.  iv.  No.  584.  By  this  rectification  of 
her  frontier  Greece  acquired  something  like  14,000  square  miles  of 
new  territory. 


112          THE  INDEPENDENCE  OF  GREECE 

however,  Greece  was  more  successful,  and  by  the  Treaties 
of  London  and  Bucharest  obtained  a  valuable  part  of 
Macedonia,  including  Salonika.  She  retained  possession 
of  important  islands,  taken  by  her  navy  in  the  First 
Balkan  War  (1912-3) ,  and  of  Crete.  To  complete  the  limits 
of  ancient  Hellas,  she  would  have  to  add  certain  other 
islands,  and  the  coast-land  of  Asia  Minor,  the  classic  Ionia. 
During  the  period  when  M.  Venizelos  was  Premier,  Greece 
made  enormous  progress  in  every  direction.  At  the  out- 
break of  war  in  August  1914,  Greece  and  Turkey  were 
themselves  almost  on  the  point  of  war  over  their  contend- 
ing interests.  When  Turkey  threw  in  her  lot  with  the 
Central  Powers,  it  was  M.  Venizelos's  hope  that  by  aiding 
in  the  expulsion  of  the  Ottoman  Empire  from  Europe,  he 
might  be  able  to  re-establish  something  like  ancient  Hellas, 
a  nation  in  Greece,  the  Islands,  and  the  western  coast  of 
Asia  Minor.1  He  was,  however,  prevented  from  throwing 
Greece  into  the  war  by  King  Constantine,  who,  in  the  dark 
days  of  1915,  saw  no  reason  to  count  on  the  ultimate 
triumph  of  the  Entente  Powers.  He  was,  in  fact,  accord- 
ing to  a  telegram  from  himself  to  Berlin  of  July  25/Aug.  5, 
1914,  disclosed  in  the  Diplomatica  Engrapha  1913-1917 

1  See  Speech  of  M.  Venizelos,  August  27,  1916  (published  by  the 
Anglo-Hellenic  League,  1916)  : 

"  'Avri  rd  i-ntKraOufjifv  (Is  rty  tAiKpav  'Afftav,  KOI  TTJV  Qpaicrjv  KOI  r^v 
Kvtrpov,  \vovrts  rf\fi<aTiKUS  rds  virtpxt\i(T(ts  5taij>r>pds  fias  /^  TONS  Svo 
iOviKovs  (MS  fx^povs  KOI  SrjfuovpfovvTfS  'EAAaSa  /it-yaAiji/  KCU  ia\vpa.t>  teal 
ir\ovoiav,  uvTairoKpivofi.ivqv  th  rd.  iiif/iirtTtarfpa  iOviKO.  ovtipa,  0\(irofitv  TOVS 
BowA-ydpovj  vd  tlatXavvow  €ty  T^V  'l£,\\r)ViK})V  ~M.dKtdovia.v,  va  Karakanfldvovv 
Kal  TT,V  vircuOpov  x^Pav  "^  r°-S  v6\tts  «qt  r&  <ppovpta  /*as,  vd.  cux/*aAa>Ti£ow 
^  iicfi  TpTina-ra.  TOV  'E\\r]vtKov  arparov,  \eupls  vci  (vpaKajftfOa  irpds  TOVS 
tir«8po/i«rs  ovT(  (h  Krjpvyutvov  OUT*  fh  dKTjpvKrov  ir6\ffiov  «aj  tvS>  /*5.s  vapt- 
\ovrat  vir  avrwv  irpoy  (/jnraiypov  al  <pt\iKUiTtpcu  5ia/3f/3aiw(T««s." 

'  Instead  of  expanding  in  Asia  Minor,  in  Thrace,  and  in  Cyprus ; 
instead  of  settling  the  differences  of  more  than  a  thousand  years 
with  our  two  national  enemies,  and  calling  into  being  a  Hellas  great 
and  rich  and  powerful,  corresponding  to  the  highest  nights  of  our 
national  aspirations — we  see  the  Bulgarians  overrunning  Greek 
Macedonia,  occupying  the  open  country  and  our  towns  and  our 
fortresses,  imprisoning  the  local  detachments  of  the  Greek  Army, 
while  we  ourselves  are  not  even  in  a  state  of  either  declared  or 
undeclared  war  towards  the  invaders,  who  continue  to  mock  us 
with  the  assurances  of  their  friendship.' 


M.  VENIZELOS  113 

(p.  48),  upholding  '  a  neutrality  which  would  be  useful  to 
Germany '. 

At  the  beginning  of  October,  1915,  General  von  Mackensen 
began  his  great  campaign  against  Serbia.  On  October  7, 
Bulgaria  joined  the  Central  Powers  and  invaded  Serbia. 
The  Serbs  called  on  Greece  to  fulfil  her  obligations  under 
a  defensive  alliance  which  the  two  States  had  concluded 
after  the  Second  Balkan  War.1 

On  September  25,  1915,  M.  Venizelos  had  asked  the 
English  and  French  ministers  whether,  in  the  event  of 
Bulgaria  making  war  upon  Serbia,  Great  Britain  and 
France  would  provide  the  150,000  men  which  under  the 
Serbo-Greek  Treaty  Serbia  was  bound  to  put  in  the  field. 
Greece  could  provide  her  contingent,  but  Serbia,  having 
already  mobilized  all  her  forces,  could  do  no  more.  The 
British  and  French  Governments  at  once  agreed  to  under- 
take Serbia's  obligations.  This  appears  to  be  as  far  as 
matters  went  between  the  Allies  and  M.  Venizelos  up  to 
the  time  of  the  landing  of  Allied  troops  at  Salonika,  which 
began  on  October  2.  According  to  M.  Venizelos' s  own 
account,  which  there  is  no  reason  to  doubt,  he  was  surprised 
by  the  landing,  and  had  neither  invited  it  nor  consented  to  it.2 

The  justification  of  the  Allies'  landing  at  Salonika  does 
not  lie,  therefore,  in  any  invitation  of  M.  Venizelos,  but 
in  the  rights  which  by  treaty  the  Allies  possessed.  The 
documents  on  which  those  rights  depended  were  the 
Protocol  of  February  3,  1830,  the  Treaty  of  May  7,  1832, 
and  the  Treaty  of  July  13,  1863.  The  Protocol  stipulates, 
by  Article  VIII,  that 

No  troops  belonging  to  one  of  these  Contracting 
Powers  shall  be  allowed  to  enter  the  territory  of  the  New 
Greek  State  without  the  consent  of  the  two  other  Courts 

1  The  treaty  was  made  on  May  lo-June  i,  1913.  It  was  published 
as  a  White  Book  by  the  Venizelos  Government  on  August  18,  1917. 
See  Diplomatika  Engrapha  (AurAcu/iaTiKd'E-y-ypcK/xi),  1913—17,  pp.  6-21. 

1  See  article  in  The  New  Europe,  November  9,  1916,  by  R.  M. 
Burrows,  '  Absolutism  in  Greece  and  our  Treaty  Rights  ', 

1903  j 


H4         THE  INDEPENDENCE  OF  GREECE 

who  signed  the  Treaty  [i.  e.  the  Treaty  of  July  6,  1827, 
see  p.  106]. 

This  protocol  was  agreed  to  by  the  Porte  and  by  the 
Greek  Government,  and  the  guarantee  of  1832  was  by 
treaty  declared  to  depend  upon  its  terms. 

Greece  under  the  sovereignty  of  Prince  Otho  of  Bavaria 
and  under  the  guarantee  of  the  three  Courts,  shall  form 
a  monarchical  and  independent  State,  according  to  the 
terms  of  the  Protocol  signed  between  the  said  courts,  on 
the  3rd  February  1830,  and  accepted  both  by  Greece 
and  by  the  Ottoman  Porte. 

By  these  Acts,  Great  Britain,  France,  and  Russia 
guaranteed  the  independence  of  Greece,  but  bound  them- 
selves only  to  land  troops  to  maintain  that  guarantee  with 
the  assent  of  the  guaranteeing  Powers.  The  guarantee 
could  be  put  into  effect  only  if  Greece  was  ceasing  to  be 
monarchical  and  independent.  In  1863,  however,  this  new 
treaty  of  guarantee  inserted  a  fresh  condition  : 

Greece  under  the  sovereignty  of  Prince  William  of 
Denmark  and  the  guarantee  of  the  three  Courts,  forms 
a  monarchical,  independent,  and  constitutional  State. 

The  guarantee  was  thenceforth  to  become  operative  if 
Greece  was  in  danger  of  losing  her  independence  or  her 
monarchical  or  constitutional  government.  The  Allies 
could  therefore  claim  in  the  autumn  of  1915  that  although 
Greece  was  remaining  monarchical,  its  independence  was 
in  danger,  owing  to  action  of  the  Central  Powers,  and  that 
it  was  ceasing  to  be  constitutional,  and  was  becoming 
absolutist.1  For  King  Constantine  dismissed  M.  Venizelos, 

1  Dr.  Burrows  (loc.  cit.)  points  out  that  the  British  Foreign  Office 
in  the  Parl.  Paper  recording  '  Treaties  containing  guarantees  or 
engagements  by  Great  Britain  in  regard  to  the  territory  or  govern- 
ment of  other  countries'  (Cd.  9088,  July  1898),  quotes  the  Protocol 
of  1830,  but  omits  the  clause  respecting  armed  intervention.  He 
suggests  that  this  omission  may  account  for  the  fact  that  the  British 
Government,  after  the  landing  at  Salonika  in  October  1915,  gave  the 
'  invitation  '  of  M.  Venizelos  as  justification.  This  is  unfortunate, 
as  M.  Venizelos  did  not  intend  to  convey  an  invitation,  while  the 
treaty  rights  of  the  Allies  amply  justify  the  intervention. 


KING  CONSTANTINE  115 

and  had  a  new  Cabinet  formed.  The  Chamber  was  Veni- 
zelist,  but  the  King  dissolved  it,  and  proceeded  to  have 
a  General  Election,  while  the  army,  which  had  been 
mobilized  on  September  23,  was  still  under  arms.  The 
Venizelists  consequently  abstained  from  taking  part,  and 
the  non-interventionists  gained  a  majority  in  the  Chamber. 
The  appeal  of  Serbia  was  disregarded,  on  the  ground  that 
the  defensive  treaty  had  been  made  to  safeguard  her  from 
Bulgaria  only,  not  from  a  general  combination  such  as  the 
European  war  involved.  The  real  reason  probably  lies  in 
the  speed  with  which  Marshal  von  Mackensen  was  over- 
running Serbia.  King  Constantine's  view  of  his  responsi- 
bilities prevented  him  from  going  to  the  assistance  of 
a  defeated  and  practically  powerless  ally.  The  Diplomatika 
Engrapha  (under  date  of  May  9,  1916)  shows  that  the 
Skouloudes  Government  were  aware  of  the  intention  of  the 
Germano-Bulgarians  to  seize  Rupel. 

In  the  summer  of  1916,  under  pressure  from  the  Allies, 
King  Constantine  agreed  that  the  Greek  Army  should  be 
demobilized,  and  that  a  General  Election  should  be  held 
among  the  whole  people,  in  order  to  ascertain  the  views 
of  the  country,  according  to  the  terms  of  the  Constitution. 
Before  the  election  took  place,  the  occupation  of  the  Greek 
towns  of  Kavalla  and  Fiorina  by  the  Bulgarians  had  made 
it  necessary  for  the  Allies  to  formulate  their  demands 
more  clearly  to  the  Greek  Government.  Accordingly  on 
September  2,  1916,  they  presented  a  Note,  demanding 
that  all  German  and  Austrian  political  agents  should  be 
made  to  leave  Greek  territory,  and  that  the  wireless 
stations,  posts,  and  telegraphs,  through  which  the  Central 
Powers  had  been  receiving  information,  should  be  given 
over  to  the  control  of  the  Allies.  In  these  demands  the 
Greek  Government  acquiesced.  The  reply  of  the  German 
authorities  to  this  move  was  to  deport  a  Greek  Army 
Corps,  which  had  remained  at  Kavalla  (September  15). 
A  fortnight  earlier  the  Revolution  had  been  started  at 

I  2 


n6         THE  INDEPENDENCE  OF  GREECE 

Salonika,  and  a  Provisional   Government  of  Venizelists 
established,  in  favour  of  the  Allies. 

On  June  12,  1917,  King  Constantine  '  conforming  to 
a  demand  presented  by  M.  Jonnart,  as  representing  the 
Protecting  Powers  of  Greece  ',  abdicated  the  Greek  throne 
in  favour  of  his  second  son,  Alexander.1  The  Provisional 
Government  became  merged  in  the  National  Government. 

CONVENTION  BETWEEN  GREAT  BRITAIN,  FRANCE,  AND 
RUSSIA,  ON  THE  ONE  PART,  AND  BAVARIA  ON  THE 
OTHER,  RELATIVE  TO  THE  SOVEREIGNTY  OF  GREECE. 
SIGNED  AT  LONDON,  7TH  MAY,  1832.2 

ARTICLE  I.  The  Courts  of  Great  Britain,  France,  and 
Russia,  duly  authorised  for  this  purpose  by  the  Greek 
nation,  offer  the  hereditary  Sovereignty  of  Greece  to  the 
Prince  Frederick  Otho  of  Bavaria,  second  son  of  His 
Majesty  the  King  of  Bavaria. 

ARTICLE  II.  His  Majesty  the  King  of  Bavaria,  acting 
in  the  name  of  his  said  son,  a  minor,  accepts,  on  his  behalf, 
the  hereditary  Sovereignty  of  Greece,  on  the  conditions 
hereinafter  settled. 

ARTICLE  III.  The  Prince  Otho  of  Bavaria  shall  bear  the 
title  of  King  of  Greece. 

ARTICLE  IV.  Greece,  under  the  Sovereignty  of  the  Prince 
Otho  of  Bavaria,  and  under  the  Guarantee  of  the  3  Courts, 
shall  form  a  monarchical  and  independent  State,  according 
to  the  terms  of  the  Protocol  signed  between  the  said  Courts 
on  the  3rd  February,  1830,  and  accepted  both  by  Greece 
and  by  the  Ottoman  Porte. 

ARTICLE  V.  The  limits  of  the  Greek  State  shall  be  such 
as  shall  be  definitively  settled  by  the  negotiations  which 
the  Courts  of  Great  Britain,  France,  and  Russia  have 
recently  opened  with  the  Ottoman  Porte,  in  execution  of 
the  Protocol  of  26th  of  September,  1831. 

ARTICLE  VI.  The  3  Courts  having  beforehand  deter- 
mined to  convert  the  Protocol  of  the  3rd  of  February,  1830 
into  a  Definitive  Treaty,  as  soon  as  the  negotiations  relative 
to  the  limits  of  Greece  shall  have  terminated,  and  to  com- 

1  The  Times  newspaper,  June  14,  1917. 

•  State  Papers,  vol.  xix,  p.  33  ;  Hertslet,  vol.  ii.  No.  159. 


CONVENTION  OF  1832  117 

municate  such  Treaty  to  all  the  States  with  which  they 
have  relations,  it  is  hereby  agreed  that  they  shall  fulfil 
this  engagement,  and  that  His  Majesty  the  King  of  Greece 
shall  become  a  Contracting  Party  to  the  Treaty  in  question. 

ARTICLE  VII.  The  3  Courts  shall,  from  the  present 
moment,  use  their  influence  to  procure  the  recognition  of 
the  Prince  Otho  of  Bavaria  as  King  of  Greece,  by  all  the 
Sovereigns  and  States  with  whom  they  have  relations. 

ARTICLE  VIII.  The  Royal  Crown  and  dignity  shall  be 
hereditary  in  Greece ;  and  shall  pass  to  the  direct  and 
lawful  descendants  and  heirs  of  the  Prince  Otho  of  Bavaria, 
in  the  order  of  primogeniture.  In  the  event  of  the  decease 
of  the  Prince  Otho  of  Bavaria,  without  direct  and  lawful 
issue,  the  Crown  of  Greece  shall  pass  to  his  younger  brother, 
and  to  his  direct  and  lawful  descendants  and  heirs,  in  the 
order  of  primogeniture.  In  the  event  of  the  decease  of  the 
last-mentioned  Prince  also,  without  direct  and  lawful  issue, 
the  Crown  of  Greece  shall  pass  to  his  younger  brother,  and 
to  his  direct  and  lawful  descendants  and  heirs,  in  the 
order  of  primogeniture. 

In  no  case  shall  the  Crown  of  Greece  and  the  Crown  of 
Bavaria  be  united  upon  the  same  head. 

ARTICLE  IX.  The  majority  of  the  Prince  Otho  of 
Bavaria,  as  King  of  Greece,  is  fixed  at  the  period  when  he 
shall  have  completed  his  2oth  year,  that  is  to  say,  on  the 
ist  of  June,  1835. 

ARTICLE  X.  During  the  minority  of  the  Prince  Otho  of 
Bavaria,  King  of  Greece,  his  rights  of  Sovereignty  shall  be 
exercised  in  their  full  extent,  by  a  Regency  composed  of 
3  Councillors,  who  shall  be  appointed  by  His  Majesty  the 
King  of  Bavaria. 

ARTICLE  XL  The  Prince  Otho  of  Bavaria  shall  retain 
the  full  possession  of  his  appanages  in  Bavaria.  His 
Majesty  the  King  of  Bavaria,  moreover,  engages  to  assist, 
as  far  as  may  be  in  his  power,  the  Prince  Otho  in  his 
position  in  Greece,  until  a  revenue  shall  have  been  set 
apart  for  the  Crown  in  that  State. 

ARTICLE  XII.  In  execution  of  the  Stipulations  of  the 
Protocol  of  the  2oth  of  February,  1830,  His  Majesty  the 
Emperor  of  All  the  Russias  engages  to  guarantee,  and 
their  Majesties  the  King  of  the  United  Kingdom  of  Great 
Britain  and  Ireland,  and  the  King  of  the  French,  engage 
to  recommend,  the  former  to  his  Parliament,  and  the 


n8         THE  INDEPENDENCE  OF  GREECE 

latter  to  his  Chambers,  to  enable  their  Majesties  to  guar- 
antee, on  the  following  conditions,  a  Loan  to  be  contracted 
by  the  Prince  Otho  of  Bavaria,  as  King  of  Greece. 

1.  The  principal  of  the  Loan  to  be  contracted  under  the 
guarantee  of  the  3  Powers,  shall  not  exceed  a  total  amount 
of  60,000,000  of  francs. 

2.  The  said  Loan  shall  be  raised  by  instalments  of 
20,000,000  of  francs  each. 

3.  For  the  present,  the  first  instalment  only  shall  be 
raised,  and  the  3  Courts  shall  each  become  responsible  for 
the  payment  of  one-third  of  the  annual  amount  of  the 
interest  and  sinking  fund  of  the  said  instalment. 

4.  The  second  and  the  third  instalments  of  the  said 
Loan  may  also  be  raised,  according  to  the  necessities  of 
the  Greek  State,  after  previous  agreement  between  the 
3  Courts  and  His  Majesty  the  King  of  Greece. 

5.  In  the  event  of  the  second  and  third  instalments  of 
the  above-mentioned  Loan  being  raised  in  consequence  of 
such  an  agreement,  the  3  Courts  shall  each  become  respon- 
sible for  the  payment  of  one-third  of  the  annual  amount 
of  the  interest  and  sinking  fund  of  these  two  instalments, 
as  well  as  of  the  first. 

6.  The  Sovereign  of  Greece  and  the  Greek  State  shall  be 
bound  to  appropriate  to  the  payment  of  the  interest  and 
sinking  fund,  of  such  instalments  of  the  Loan  as  may  have 
been  raised  under  the  guarantee  of  the  3  Courts,  the  first 
revenues  of  the  State,  in  such  manner  that  the  actual 
receipts  of  the  Greek  Treasury  shall  be  devoted,  first  of  all, 
to  the  payment  of  the  said  interest  and  sinking  fund,  and 
shall  not  be  employed  for  any  other  purpose  until  those 
payments  on  account  of  the  instalments  of  the  Loan  raised 
under  the  guarantee  of  the  3  Courts  shall  have  been  com- 
pletely secured  for  the  current  year. 

The  diplomatic  Representatives  of  the  3  Courts  in  Greece 
shall  be  specially  charged  to  watch  over  the  fulfilment  of 
the  last-mentioned  stipulation. 

ARTICLE  XIII.  In  case  a  pecuniary  compensation  in 
favour  of  the  Ottoman  Porte  should  result  from  the 
negotiations  which  the  3  Courts  have  already  opened  at 
Constantinople  for  the  definitive  settlement  of  the  limits 
of  Greece,  it  is  understood  that  the  amount  of  such  com- 
pensation shall  be  defrayed  out  of  the  proceeds  of  the  Loan 
which  forms  the  subject  of  the  preceding  Article. 


CONVENTION  OF  1832  119 

ARTICLE  XIV.  His  Majesty  the  King  of  Bavaria  shall 
lend  his  assistance  to  the  Prince  Otho  in  raising  in  Bavaria 
a  body  of  troops,  not  exceeding  3,500  men,  to  be  employed 
in  his  service,  as  King  of  Greece,  which  corps  shall  be 
armed,  equipped,  and  paid  by  the  Greek  State,  and  be 
sent  thither  as  soon  as  possible,  in  order  to  relieve  the 
troops  of  the  Alliance  hitherto  stationed  in  Greece.  The 
latter  shall  remain  in  that  country  entirely  at  the  disposal 
of  the  Government  of  His  Majesty  the  King  of  Greece, 
until  the  arrival  of  the  body  of  troops  above  mentioned. 
Immediately  upon  their  arrival  the  troops  of  the  Alliance 
already  referred  to  shall  retire,  and  altogether  evacuate 
the  Greek  territory. 

ARTICLE  XV.  His  Majesty  the  King  of  Bavaria  shall  also 
assist  the  Prince  Otho  in  obtaining  the  services  of  a  certain 
number  of  Bavarian  officers,  who  shall  organize  a  national 
military  force  in  Greece. 

ARTICLE  XVI.  As  soon  as  possible  after  the  signature 
of  the  present  Convention,  the  3  Councillors  who  are  to  be 
associated  with  His  Royal  Highness  the  Prince  Otho  by 
His  Majesty  the  King  of  Bavaria,  in  order  to  compose  the 
Regency  of  Greece,  shall  repair  to  Greece,  shall  enter  upon 
the  exercise  of  the  functions  of  the  said  Regency,  and  shall 
prepare  all  the  measures  necessary  for  the  reception  of  the 
Sovereign,  who,  on  his  part,  will  repair  to  Greece  with  as 
little  delay  as  possible. 

ARTICLE  XVII.  The  3  Courts  shall  announce  to  the 
Greek  nation,  by  a  joint  declaration,  the  choice  which  they 
have  made  of  His  Royal  Highness  Prince  Otho  of  Bavaria, 
as  King  of  Greece,  and  shall  afford  the  Regency  all  the 
support  in  their  power. 

ARTICLE  XVIII.  The  present  Convention  shall  be 
ratified,  and  the  Ratifications  shall  be  exchanged  at 
London  in  6  weeks,  or  sooner  if  possible. 

In  witness  whereof  the  respective  Plenipotentiaries  have 
signed  the  same,  and  have  affixed  thereto  the  Seal  of  their 
Arms. 

Done  at  London,  the  7th  May,  in  the  year  of  Our  Lord, 
1832. 

(L.S.)     PALMERSTON. 
(L.S.)    TALLEYRAND. 
(L.S.)    LIEVEN. 
(L.S.)    MATUSZEWIC. 

(L.S.)    A.  DE  COTTO. 


120  THE  INDEPENDENCE  OF  GREECE 

PROTOCOL  OF  CONFERENCE  BETWEEN  GREAT  BRITAIN, 
FRANCE,  AND  RUSSIA,  RELATIVE  TO  THE  INDEPENDENCE 
OF  GREECE.  LONDON,  3RD  OF  FEBRUARY, 


PRESENT  :  The  Plenipotentiaries  of  Great  Britain, 
France,  and  Russia. 

.  .  .  The  members  of  the  Conference,  finding  that  the 
Ottoman  declarations  place  them  in  a  situation  to  concert 
the  measures  which  may  appear  to  them  most  desirable 
in  the  actual  state  of  things  ;  and  being  desirous  of  intro- 
ducing into  the  former  arrangements  of  the  Alliance  what- 
ever improvements  might  be  best  adapted  to  assure  new 
pledges  of  stability  to  the  work  of  peace  on  which  it  is 
employed,  decided,  by  common  agreement,  upon  the 
following  Articles  :  — 

§  i.  Greece  shall  form  an  independent  State,  and  shall 
enjoy  all  the  rights,  political,  administrative,  and  commer- 
cial, attached  to  complete  independence. 

§  2.  In  consideration  of  these  advantages  granted  to 
the  new  State,  and  in  deference  to  the  desire  expressed  by 
the  Porte  to  obtain  the  reduction  of  the  frontiers  fixed 
by  the  Protocol  of  the  22nd  of  March,  the  line  of  demarcation 
of  the  limits  of  Greece  shall  take  its  departure  from  the 
mouth  of  the  River  Aspropotamos,  ascend  that  river  as 
far  as  the  latitude  of  Lake  Angelo  Castro,  and  traversing 
that  lake,  as  well  as  those  of  Vrachori  and  Saurovitza,  it 
shall  strike  the  Mount  Artolina,  from  whence  it  shall 
follow  the  ridge  of  Mount  Oxas,  the  Valley  of  Calouri,  and 
the  ridge  of  Mount  (Eta,  as  far  as  the  Gulf  of  Zeitoun, 
which  it  shall  reach  at  the  mouth  of  the  Sperchius. 

All  the  territories  and  countries  situated  to  the  south  of 
this  line,  which  the  Conference  has  marked  upon  the  map 
hereunto  annexed  —  Lit.  F.,  shall  belong  to  -Greece  ;  and 
all  the  countries  and  territories  situated  to  the  north  of 
this  line  shall  continue  to  form  part  of  the  Ottoman  Empire. 

There  shall  likewise  belong  to  Greece  the  whole  of  the 
Island  of  Negropont,  with  the  Devil's  Islands  and  the 
Island  of  Skyros,  and  the  islands  anciently  known  by  the 
name  of  Cyclades,  including  the  Island  of  Amorgo,  situated 
between  the  36th  and  3Qth  degrees  of  north  latitude, 

1  State  Papers,  vol.  xvii,  p.  191.  In  French.  English  version  as 
presented  to  Parliament  in  T.  E.  Holland,  The  European  Concert  in 
the  Eastern  Question  (1885),  pp.  28-32. 


PROTOCOL  OF  CONFERENCE  OF  1830        121 

and  the  26th  degree  of  longitude  east  of  the  meridian  of 
Greenwich. 

§  3.  The  Greek  Government  shall  be  monarchical,  and 
hereditary  according  to  the  order  of  primogeniture.  It 
shall  be  confided  to  a  Prince,  who  shall  not  be  capable  of 
being  chosen  from  among  those  of  the  families  reigning 
in  the  States  that  signed  the  Treaty  of  the  6th  July,  1827, 
and  shall  bear  the  title  of  Sovereign  Prince  of  Greece.  The 
choice  of  that  Prince  shall  form  the  object  of  subsequent 
communications  and  stipulations. 

§  4.  So  soon  as  the  Articles  of  the  present  Protocol  shall 
have  been  conveyed  to  the  knowledge  of  the  parties  inter- 
ested, peace  shaU  be  considered  as  established  ipso  facto 
between  the  Ottoman  Empire  and  Greece  ;  and  the  subjects 
of  the  two  States  shall  be  reciprocally  treated,  in  regard 
to  the  rights  of  commerce  and  navigation,  as  those  of  other 
States  at  peace  with  the  Ottoman  Empire  and  Greece. 

§  5.  Acts  of  full  and  entire  amnesty  shall  be  immedi- 
ately published  by  the  Ottoman  Porte  and  by  the  Greek 
Government. 

The  Act  of  amnesty  of  the  Porte  shall  proclaim,  that  no 
Greek  in  the  whole  extent  of  its  dominions  shall  be  liable 
to  be  deprived  of  his  property,  or  in  any  way  disturbed,  in 
consequence  of  the  part  which  he  may  have  taken  in  the 
insurrection  of  Greece. 

The  Act  of  amnesty  of  the  Greek  Government  shall 
proclaim  the  same  principle  in  favour  of  all  the  Mussulmans 
or  Christians  who  may  have  taken  part  against  its  cause ; 
and  it  shall  further  be  understood  and  promulgated,  that 
the  Mussulmans  who  may  be  desirous  of  continuing  to 
inhabit  the  territories  and  islands  allotted  to  Greece,  shall 
preserve  their  properties  therein,  and  invariably  enjoy 
there,  with  their  families,  perfect  security. 

§  6.  The  Ottoman  Porte  shall  grant  to  those  of  its  Greek 
subjects  who  may  be  desirous  of  quitting  the  Turkish 
territory,  a  delay  of  a  year,  in  order  to  sell  their  properties 
and  to  depart  freely  from  the  country. 

The  Greek  Government  shall  allow  the  same  power  to 
the  inhabitants  of  Greece  who  may  wish  to  transport  them- 
selves to  the  Turkish  territory. 

§7.  All  the  military  and  naval  forces  of  Greece  shall 
evacuate  the  territories,  fortresses,  and  islands  which 
they  occupy  beyond  the  line  assigned  in  the  second  section 


122          THE  INDEPENDENCE  OF  GREECE 

for  the  limits  of  Greece,  and  shall  withdraw  behind  that 
line  with  the  least  possible  delay. 

All  the  Turkish  military  and  naval  forces  which  occupy 
territories,  fortresses,  or  islands  comprised  within  the  limits 
above  mentioned,  shall  evacuate  those  islands,  fortresses, 
and  territories ;  and  shall,  in  like  manner,  retire  behind 
the  same  limits  with  the  least  possible  delay. 

§  8.  Each  of  the  three  Courts  shall  retain  the  power, 
secured  to  it  by  the  6th  Article  of  the  Treaty  of  the  6th  of 
July,  1827,  of  guaranteeing  the  whole  of  the  foregoing 
arrangements  and  Articles.  The  Act  of  guarantee,  if  there 
be  any,  shall  be  drawn  up  separately ;  the  operation  and 
effects  of  these  different  Acts  shall  become,  in  conformity 
with  the  above-mentioned  Article,  the  object  of  further 
stipulations  on  the  part  of  the  High  Powers.  No  troops 
belonging  to  one  of  the  Contracting  Powers  shall  be  allowed 
to  enter  the  territory  of  the  new  Greek  State,  without 
the  consent  of  the  two  other  Courts  who  signed  the 
Treaty. 

§  9.  In  order  to  avoid  the  collisions,  which  could  not 
fail  to  result,  under  existing  circumstances,  from  bringing 
Ottoman  boundary  Commissioners  and  Greek  boundary 
Commissioners  into  contact,  when  the  line  of  the  frontiers 
of  Greece  comes  to  be  laid  down  on  the  spot,  it  is  agreed 
that  that  task  shall  be  entrusted  to  British,  French,  and 
Russian  Commissioners,  and  that  each  of  the  three  Courts 
shall  nominate  one.  These  Commissioners,  furnished  with 
the  instruction  hereunto  annexed, — Lit.  G.,  shall  settle 
the  line  of  the  said  frontiers,  following,  with  all  possible 
exactness,  the  line  pointed  out  in  the  second  section  ;  they 
shall  mark  out  that  line  with  stakes,  and  shall  draw  up  two 
maps  thereof,  to  be  signed  by  them,  of  which  one  shall 
be  given  to  the  Ottoman  Government,  and  the  other  to 
the  Greek  Government.  They  shall  be  bound  to  finish 
their  labours  in  the  space  of  six  months.  In  case  of  differ- 
ence of  opinion  between  the  three  Commissioners,  the 
majority  of  voices  shall  decide. 

§  10.  The  arrangements  of  the  present  Protocol  shall 
be  immediately  communicated  to  the  Ottoman  Government 
by  the  Plenipotentiaries  of  the  three  Courts,  who  shall  be 
furnished  for  this  purpose  with  the  common  instruction 
hereunto  annexed, — Lit.  H. 

The  Residents  of  the  three  Courts  in  Greece  shall  also 


PROTOCOL  OF  CONFERENCE  OF  1830       123 

receive,   on  the  same  subject,   the  instruction  hereunto 
annexed — Lit.  I. 

§  ii.  The  three  Courts  reserve  to  themselves  to  embody 
the  present  stipulations  in  a  formal  Treaty,  which  shall 
be  signed  at  London,  be  considered  as  executive  of  that  of 
the  6th  of  July,  1827,  and  be  communicated  to  the  other 
Courts  of  Europe,  with  the  invitation  to  accede  thereto, 
should  they  judge  it  expedient. 

CONCLUSION. 

Having  thus  arrived  at  the  close  of  a  long  and  difficult 
negotiation,  the  three  Courts  sincerely  congratulate  them- 
selves on  having  come  to  a  perfect  agreement,  in  the  midst 
of  the  most  serious  and  delicate  circumstances. 

The  maintenance  of  their  union  during  such  periods, 
offers  the  best  pledge  of  its  permanency ;  and  the  three 
Courts  flatter  themselves  that  this  union,  as  firm  as  it  is 
beneficial,  will  not  cease  to  contribute  to  the  confirmation 
of  the  peace  of  the  world. 

(Signed)    ABERDEEN. 

MONTMORENCY-LAVAL. 
LIEVEN. 

TREATY  BETWEEN  GREAT  BRITAIN,  FRANCE,  AND  RUSSIA, 
ON  THE  ONE  PART,  AND  DENMARK,  ON  THE  OTHER  PART, 
RELATIVE  TO  THE  ACCESSION  OF  PRINCE  WlLLIAM  OF 
DENMARK  TO  THE  THRONE  OF  GREECE.  SIGNED  AT 
LONDON,  I3TH  JULY,  I863.1 

ARTICLE  I.  His  Majesty  the  King  of  Denmark,  in  accor- 
dance with  the  Prince  Christian  of  Denmark,  acting  in  the 
character  of  guardian  of  his  second  son  the  Prince  Christian 
William  Ferdinand  Adolphus  George,  accepts  for  that 
Prince,  a  minor,  the  hereditary  Sovereignty  of  Greece, 
which  is  offered  to  him  by  the  Senate  and  the  National 
Assembly  of  Greece  in  the  name  of  the  Hellenic  Nation. 

ARTICLE  II.  The  Prince  William  of  Denmark  shall  bear 
the  title  of  George  I,  King  of  the  Greeks  (Rot  des  Grecs).2 

ARTICLE  III.    Greece,  under  the  Sovereignty  of  Prince 

1  State  Papers,  vol.  liii,  p.  28. 

*  The  title  of  the  Greek  sovereign  was  subsequently  changed  to 
King  of  the  Hellenes  (Protocols  of  August  3  and  October  13,  1863; 
see  Hertslet,  vol.  ii,  p.  1546,  note). 


124          THE  INDEPENDENCE  OF  GREECE 

William  of  Denmark,  and  the  Guarantee  of  the  3  Courts, 
forms  a  Monarchical,  Independent,  and  Constitutional 
State. 

ARTICLE  IV.  The  Limits  of  the  Greek  Territory,  deter- 
mined by  the  arrangement  concluded  at  Constantinople 
between  the  3  Courts  and  the  Ottoman  Porte,  on  the 
2ist  July,  1832,  shall  receive  an  extension  by  the  Union 
of  the  Ionian  Islands  with  the  Hellenic  Kingdom,  when 
such  Union,  proposed  by  the  Government  of  Her  Britannic 
Majesty,  shall  have  been  found  to  be  in  accordance  with 
the  wishes  of  the  Ionian  Parliament,  and  shall  have 
obtained  the  assent  of  the  Courts  of  Austria,  France, 
Prussia,  and  Russia. 

ARTICLE  V.  The  Ionian  Islands,  when  their  Union  with 
the  Kingdom  of  Greece  shall  have  been  effected,  shall  be 
comprised  in  the  Guarantee  stipulated  by  Article  III  of 
the  present  Treaty. 

ARTICLE  VI.  In  no  case  shall  the  Crown  of  Greece  and 
the  Crown  of  Denmark  be  united  on  the  same  head. 

ARTICLE  VII.  In  conformity  with  the  principle  of  the 
Hellenic  Constitution  recognised  by  the  Treaty  signed  at 
London,  on  the  20th  November,  1852,  and  proclaimed  by 
the  Decree  of  the  National  Assembly  of  Greece,  of  the 
3oth  March,  1863,  the  legitimate  successors  of  King  George  I 
must  profess  the  tenets  of  the  Orthodox  Church  of  the 
East. 

ARTICLE  VIII.  The  Majority  of  Prince  William  of 
Denmark,  fixed  by  the  law  of  the  Royal  Family  at  18  years 
complete,  that  is  to  say,  on  the  24th  December,  1863,  shall 
be  considered  as  attained  before  that  date,  if  a  Decree 
of  the  National  Assembly  should  recognise  the  necessity 
thereof. 

ARTICLE  IX.  At  the  moment  when  the  Union  of  the 
Ionian  Islands  with  the  Hellenic  Kingdom  shall  take 
place,  according  to  the  terms  of  Article  IV  of  the  present 
Treaty,  Her  Britannic  Majesty  will  recommend  to  the 
Government  of  the  United  States  of  the  Ionian  Islands  to 
appropriate  annually  a  sum  of  £10,000  sterling  to  augment 
the  Civil  List  of  His  Majesty  George  I,  King  of  the  Greeks 
(Rot  des  Grecs). 

ARTICLE  X.  Each  of  the  3  Courts  will  give  up  in  favour 
of  Prince  William  of  Denmark  £4,000  a  year  out  of  the 
sums  which  the  Greek  Treasury  has  engaged  to  pay  annually 


TREATY  OF  1863  125 

to  each  of  them,  in  pursuance  of  the  arrangement  concluded 
at  Athens  by  the  Greek  Government,  with  the  concurrence 
of  the  Chambers,  in  the  month  of  June,  1860. 

It  is  expressly  understood  that  these  three  sums,  forming 
a  total  of  £12,000  sterling  annually,  shall  be  destined  to 
constitute  a  personal  Dotation  of  His  Majesty  the  King, 
in  addition  to  the  Civil  List  fixed  by  the  Law  of  the  State. 

ARTICLE  XI.  The  Accession  of  Prince  William  to  the 
Hellenic  Throne  shall  not  involve  any  change  in  the 
Financial  Engagements  which  Greece  has  contracted  by 
Article  XII  of  the  Convention  signed  at  London,  on  the 
7th  May,  1832,  towards  the  Powers  Guarantors  of  the 
Loan. 

It  is  equally  understood  that  the  Powers  will,  in  concert, 
watch  over  the  execution  of  the  engagement  taken  by  the 
Hellenic  Government  in  the  month  of  June,  1860,  upon 
the  representation  of  the  3  Courts. 

ARTICLE  XII.  The  3  Courts  shall,  from  this  moment, 
use  their  influence  in  order  to  procure  the  recognition  of 
Prince  William  of  Denmark  in  the  character  of  King  of 
the  Greeks  (Roi  des  Grecs),  by  all  the  Sovereigns  and 
States  with  whom  they  have  relations. 

ARTICLE  XIII.  His  Majesty  the  King  of  Denmark 
reserves  to  himself  to  take  the  measures  which  may  be 
most  proper  for  facilitating  the  arrival  of  King  George  I 
in  his  dominions  as  soon  as  possible. 

ARTICLE  XIV.  The  3  Courts  will  bring  the  present 
Treaty  to  the  knowledge  of  the  Greek  Government,  and 
will  afford  to  that  Government  all  the  support  in  their 
power,  while  awaiting  the  speedy  arrival  of  His  Majesty 
the  King. 

ARTICLE  XV.  The  present  Treaty  shall  be  ratified,  and 
the  Ratifications  shall  be  exchanged  at  London  in  6  weeks, 
or  sooner,  if  possible. 

In  witness  whereof  the  respective  Plenipotentiaries  have 
signed  the  same,  and  have  affixed  thereto  the  Seal  of  their 
Arms. 

Done  at  London,  the  I3th  day  of  July,  in  the  year  of 
Our  Lord,  1863. 

(L.S.)     RUSSELL.  (L.S.)    BILLE. 

(L.S.)    BON.  GROS. 
(L.S.)    BRUNNOW. 


CHAPTER  IV 
THE  KINGDOM  OF  BELGIUM 

The  Burgundian  Inheritance  —  House  of  Burgundy  —  Partition  of 
the  Inheritance  —  The  United  Netherlands  —  The  Spanish 
(Austrian)  Netherlands  —  The  Netherlands  and  the  French 
Revolution  —  First  Peace  of  Paris  —  Vienna  Congress  Act  — 
Kingdom  of  Holland  and  Belgium  —  The  July  Revolution  — 
Belgian  Revolution  —  Leopold  of  Saxe-Coburg  —  Protocol  of 
twenty-four  articles  —  Treaty  of  1831  — Division  of  territory  — 
The  Scheldt  —  The  Treaty  of  1839  —  The  Franco-Prussian  War 
—  The  Imperial  Chancellor,  August  1914  —  Attitude  of  Belgian 
Government  towards  the  Guarantors  —  Conversations  of  1906  — 
The  Invasion  of  August  2,  1914  —  German  offers  to  Belgium  — 
Bona  fides  of  Belgium. 

Texts  i  The  Treaty  of  London  (1839) — The  Conversations  of  1906. 

THE  Kingdom  of  Belgium  is  part  of  the  famous  Bur- 
gundian inheritance  which  has  exercised  such  a  fatal 
influence  throughout  the  history  of  Modern  Europe.  Its 
origins  go  back  to  the  ancient  Kingdom  of  Lorraine,  which 
was  created  by  the  Division  of  Verdun  in  843,  when  the 
Empire  of  Western  Europe,  which  the  mighty  Charlemagne 
had  made,  was  split  up  into  three  parts.  The  central 
portion,  -Lotharingia  or  Lorraine,  was  made  into  a  '  middle 
kingdom  ',  stretching  in  one  long  strip  from  the  south  of 
Italy  to  the  mouths  of  the  Rhine,  bound  together  by  chains 
of  mountains — the  Apennines,  the  Jura,  and  the  Vosges. 

As  the  Middle  Ages  went  on,  the  process  of  partition 
was  carried  further  and  further.  The  ancient  Lotharingia 
became  completely  feudalized,  and  by  the  end  of  the 
fourteenth  century  the  northern  portion  of  it,  the  valley 
of  the  Meuse  and  lower  Rhine,  consisted  of  at  least  seventeen 
practically  independent  feudal  states,  fiefs  of  the  Holy 


HOUSE  OF  BURGUNDY  127 

Roman  Empire  or  of  the  Crown  of  France.  Within  the 
next  half-century  nearly  all  these  fiefs,  that  is  all  the  Low 
Countries  or  Netherlands,  had  by  one  means  or  another 
come  under  the  dominion  of  the  House  of  Burgundy. 

The  House  of  Burgundy  was  a  cadet  branch  of  the 
French  Royal  House  of  Valois.  The  Duchy  of  Burgundy, 
one  of  the  great  fiefs  of  the  Kingdom  of  France,  was 
granted  by  John  II  of  France  in  1363  to  his  third  son, 
Philip.  Philip's  line  lasted  till  1477,  when  it  ended  in  the 
person  of  the  Duchess  Mary.  In  that  interval,  by  marriage, 
by  purchase,  by  force,  the  Dukes  of  Burgundy  acquired  one 
after  another  of  the  seventeen  counties  and  lordships  of  the 
Netherlands.  Throughout  a  great  part  of  that  time,  the 
Burgundian  power  had  been  in  close  alliance  with  England  : 
Duke  Philip  the  Good  had  been  an  ally  of  Henry  V  in  the 
Hundred  Years'  War ;  Charles  the  Bold  was  an  ally  of 
Edward  IV,  and  married  Edward's  sister  Margaret.  When 
Charles  was  killed  before  the  town  of  Nancy  in  Lorraine 
in  1477,  he  left  a  daughter  Mary  (the  issue  of  his  first  wife, 
Isabella  of  Bourbon)  as  the  inheritor  of  all  his  dominions. 
But  this  fortuitous  aggregation  of  disparate  fiefs  could  not 
be  held  together  by  the  hands  of  one  weak  woman.  Europe 
has  ever  since  been  troubled  by  quarrels  over  this  inheri- 
tance. '  Here,'  said  Louis  XV  of  France,  when  visiting  the 
tomb  of  the  Duchess  Mary  at  Bruges,  '  here  is  the  origin 
of  all  our  wars.' 

On  the  death  of  Charles  the  Bold  in  1477,  Louis  XI  of 
France  was  able  to  make  himself  master  of  Ducal  Bur- 
gundy, but  the  Duchess  Mary  transferred  the  rest  of  her 
dominions  to  the  House  of  Habsburg,  by  marrying  Maxi- 
milian of  Austria.  The  Netherlands  (comprehending  all 
the  modern  Holland  and  Belgium)  remained  together 
under  the  Habsburgs  for  a  hundred  years.  In  1556  the 
Emperor  Charles  V  divided  all  his  dominions  between  his 
brother  Ferdinand  and  his  son  Philip,  who  respectively 
founded  the  Austrian  and  Spanish  branches  of  the  House 


128  THE  NEUTRALITY  OF  BELGIUM 

of  Habsburg.  The  Netherlands  were  included  in  the 
dominions  of  the  Spanish  branch  under  Philip.  The  policy 
of  this  monarch  gave  rise  to  the  great  revolt  of  the  Nether- 
lands, so  graphically  described  by  the  American  historian 
Motley.  But  only  the  seven  northern  provinces  of  the 
Netherlands  were  successful  in  shaking  off  the  rule  of 
Spain.  In  1579,  by  the  Union  of  Utrecht,  they  founded 
the  Republic  of  the  United  Netherlands,  which  is  now  the 
Kingdom  of  Holland.  The  ten  southern  provinces,  which 
were  roughly  equivalent  to  the  modern  Belgium,  remained 
under  the  Spanish  House,  and  became  known  ultimately 
as  the  Spanish  Netherlands. 

Throughout  the  seventeenth  century  the  southern  pro- 
vinces were  under  Spanish  rule,  but  in  1713  (Peace  of 
Utrecht),  as  the  result  of  the  War  of  the  Spanish  Succes- 
sion, they  were  transferred  to  the  Austrian  Habsburgs, 
and  became  known  as  the  Austrian  Netherlands.  Under 
Austrian  rule  they  made  considerable  progress  in  material 
prosperity,  and  undoubtedly  benefited  from  the  Habsburg- 
Bourbon  alliance  after  1756,  which  prevented  them  from 
being  exposed  to  armies  from  France.  The  French  Revolu- 
tion, however,  shook  old  Europe  to  its  foundations,  and 
exposed  the  Austrian  Netherlands  to  new  vicissitudes.  In 
1792  they  were  overrun  by  the  armies  of  the  French 
Republic.  In  1797  they  were  annexed  to  France,  and  till 
1814  remained  under  that  power.  On  the  fall  of  Napoleon 
they  were  for  a  brief  period  restored  to  Austria,  and  finally, 
in  1815,  by  the  Treaty  of  Vienna  they  were  joined  once 
more,  after  an  interval  of  235  years,  to  the  northern 
Netherlands. 

The  United  Provinces  (modern  Holland),  since  their 
separation  from  the  Southern  Provinces  (modern  Belgium) 
in  1579,  na-d  remained  free  and  independent  till  1795. 
Their  Constitution  was  that  of  a  republican  federation, 
with  a  quasi-monarchical  element  in  the  family  of  Orange- 
Nassau.  The  chief  member  for  the  time  being  of  this 


HOUSE  OF  BURGUNDY  129 

interesting  House  during  the  215  years  of  the  republic's 
existence,  was  for  such  long  periods  in  the  position  of 
stadtholder  or  governor  of  several  or  all  of  the  Provinces, 
that  the  family  had,  in  a  strictly  limited  sense,  however, 
something  of  the  position  of  a  reigning  dynasty.  In  1795 
the  United  Provinces  were  conquered  by  revolutionary 
France,  and  were  reorganized  on  the  French  model  as  the 
Batavian  Republic.  In  this,  naturally,  the  House  of 
Orange  had  no  part.  In  1806  Napoleon  converted  Holland 
(the  name  under  which  the  old  United  Provinces  were 
henceforth  to  be  known)  into  a  kingdom,  dependent  upon 
the  French  Empire,  under  his  brother  Louis.  Louis's  rule, 
though  in  the  interests  of  his  Dutch  subjects,  was  not 
acceptable  to  his  brother  the  Emperor.  Therefore  in  1810 
Holland  was  incorporated  in  the  Napoleonic  Empire,  and 
made  subject  to  the  trade  restrictions,  the  conscription, 
and  the  financial  burdens  incidental  to  the  Napoleonic 
regime.  When  the  Battle  of  Leipsic  in  1813  brought 
victory  to  the  Allies,  and  shook  the  Napoleonic  Empire, 
the  Dutch  seized  the  opportunity  to  revolt,  and  set  up 
their  independent  State  again,  this  time  as  a  monarchy, 
with  the  chief  of  the  House  of  Orange  as  sovereign  prince. 
The  independent  Netherlands,  thus  re-established,  was 
recognized  by  Article  VI  of  the  First  Peace  of  Paris, 
May  30,  1814  :  '  Holland,  placed  under  the  Sovereignty 
of  the  House  of  Orange,  shall  receive  an  increase  of  terri- 
tory.' This  increase  of  territory  was  defined  in  No.  IV  of 
the  secret  articles  of  the  Peace  of  Paris  as  '  the  Countries 
comprised  between  the  Sea,  the  Frontiers  of  France,  such 
as  they  are  defined  by  the  present  Treaty,  and  the  Meuse  '.x 
This  arrangement  was  put  into  effect  by  the  General  Act 
of  the  Congress  of  Vienna,  June  9,  1815.  By  Article  LXV 
'  the  late  Belgic  provinces  ',  which  it  must  be  remembered 
had  never  as  a  group  had  any  national  independence,  were 
joined  to  '  the  ancient  United  Provinces  of  the  Nether- 
1  First  Peace  of  Paris,  May  30,  1814.  Hertslet,  vol.  i,  No.  i. 

1903 


130  THE  NEUTRALITY  OF  BELGIUM 

lands  ',  and  the  whole  was  erected  into  a  kingdom  under 
the  Prince  of  Orange-Nassau,  who  took  the  title  of  King 
William  I. 

The  union  of  Holland  and  Belgium  was  the  result  of 
a  statesmanlike  attempt  on  the  part  of  the  Congress  of 
Vienna  to  deal  with  a  difficult  problem.  The  Low  Countries, 
situated  between  France  and  the  Germanic  States,  and 
possessing  harbours  on  the  Channel  and  North  Sea,  had  on 
many  occasions  been  the  battle-ground  of  the  great  States 
of  Europe.  The  Belgic  provinces,  in  particular,  under 
whatever  master  they  happened  to  be,  had  never  been  able 
to  preserve  their  neutrality,  but  had  been  used  by  one 
belligerent  State  or  another  in  their  military  designs. 
During  the  War  of  the  Austrian  Succession,  Belgium  was 
for  two  years  (1747-8)  conquered  and  actually  governed 
by  France.  The  same  thing  had  happened  again  between 
1792  and  1814.  The  United  Provinces  had  been  more 
successful  in  protecting  themselves,  for  their  people  were 
independent  in  spirit,  and  were  wealthy  and  statesmanlike. 
The  two  groups,  the  United  and  Belgic  Provinces,  if  joined 
firmly  together,  might  have  formed  a  very  substantial 
State,  able  to  defend  itself,  and  to  prevent  its  great  neigh- 
bours from  using  it  for  their  military  designs.  If  Holland 
and  Belgium  with  use  and  wont  had  gradually  grown 
together  into  one  State  and  people,  the  international 
condition  of  Europe  in  the  nineteenth  and  early  twentieth 
centuries  would  have  been  simplified.  The  Dutch  and 
Belgians  were  both  comfortable,  peace-loving  peoples,  with 
a  high  standard  of  civilization.  Being  neither  able  nor 
disposed  to  carry  on  aggressive  designs,  all  their  interests 
were  in  peace,  which  they  might  have  been  strong  enough 
to  maintain  for  themselves. 

But  the  obscure  forces  which  produce  and  develop  that 
feeling  which  we  call  national  were  too  strong.  The  Dutch 
felt  themselves  to  be  one  nation,  the  Belgians  another. 
History,  language,  religion,  and,  to  a  certain  extent,  race, 


BELGIUM 

English   Miles 


K  2 


132  THE  NEUTRALITY  OF  BELGIUM 

all  accentuated  the  difference  between  them.  Between 
1814  and  1830  these  differences  grew  steadily  more  acute, 
and  were  increased  by  the  fact  that  throughout  that  time 
men  of  Dutch  birth  played  a  far  larger  part  in  the  manage- 
ment of  the  State  than  did  Belgians.  The  majority  of  civil 
servants  and  military  officers  were  Dutch.  When  in  1830 
a  revolution  took  place  in  France,  it  acted  as  an  inspira- 
tion to  the  Belgians,  who  forthwith  proclaimed  a  provisional 
government  for  themselves. 

The  Revolution  of  July  1830  in  France  was  not 
a  tremendous  crisis  like  that  of  1789,  yet  its  effects  were 
felt  throughout  Europe.  The  old  Bourbon  dynasty  had 
been  restored  to  France  in  1814,  but  never  became  really 
popular  again.  Charles  X,  who  succeeded  Louis  XVIII  in 
1824,  did  nothing  to  improve  the  position.  His  adminis- 
tration was  under  clerical  influence,  and  he  had  little  sym- 
pathy with  parliamentary  government.  In  July  1830, 
under  the  advice  of  his  chief  minister  the  Due  de  Polignac, 
Charles  X,  by  the  famous  '  Ordinances  ',  suspended  practi- 
cally the  whole  Constitution  which  had  been  conferred  by 
Louis  XVIII's  '  Charter  '.  The  result  was  revolution  in 
the  middle  classes  of  Paris,  and  by  the  end  of  the  month 
Charles  X  was  a  fugitive  in  England.  Prince  Louis  Philippe, 
chief  of  the  Orleans  branch  of  the  Royal  House,  was  elected 
king  in  his  stead. 

The  Revolution  in  France  was  followed  next  month  by 
another  in  Belgium.  The  two  revolutions  were  not  uncon- 
nected. Belgium  had  been  practically  part  of  France  from 
1795  to  1814.  Its  civilization  was  French,  the  French 
language  was  widely  spread  there.  Between  the  two 
countries  there  was  much  community  of  interest,  and  the 
revolutionary  party  in  France  had  sympathizers  and  active 
friends  in  Belgium.  Everything  therefore  conduced  to 
bring  about  a  revolt  when  the  news  of  the  Revolution  of 
July  reached  Brussels. 

The  rising  actually  broke  out  in  Brussels  on  August  25. 


THE  BELGIAN  REVOLUTION  133 

The  other  large  towns  joined  the  movement,  and  within 
about  one  month  only  Antwerp  remained  in  Dutch  hands. 
A  national  congress  met  at  Brussels,  and  on  November  10 
proclaimed  the  independence  of  Belgium  under  '  a  con- 
stitutional and  representative  monarchy '.  The  Dutch 
reigning  House  of  Orange-Nassau  was  declared  to  be 
perpetually  excluded  from  the  Belgian  throne.  In  the 
meantime  representatives  of  Great  Britain,  France, 
Austria,  Prussia,  and  Russia  had  met  in  conference  at 
London  (November  4,  1830).  Anxious  to  have  the  revolu- 
tionary movement  settled,  the  Powers  recognized  the 
independence  of  Belgium  under  a  Provisional  Government 
(December).  This  was  changed  into  a  monarchy,  when  in 
April  of  next  year  (1831)  the  crown  of  Belgium  was  accepted 
by  Prince  Leopold  of  Saxe-Coburg.  Prince  Leopold,  who 
appears  in  the  well-known  correspondence  of  Queen  Victoria 
as  her  faithful  friend  and  adviser,  had  been  elected  King 
of  Greece  in  the  previous  year,  but  had  renounced  that 
precarious  throne.  Under  him  Belgium  became  the  most 
successful  of  all  the  experiments  in  State-making  which 
the  Powers  had  undertaken. 

It  was  years,  however,  before  Holland  would  recognize 
the  secession  and  independence  of  Belgium.  Only  the 
entry  of  a  French  army  into  Belgium  put  a  stop  to  the 
war  between  the  two  countries.  At  the  same  time  the 
Powers,  finding  Holland  still  unwilling  to  agree,  took  the 
matter  under  their  own  control.  The  Conference  at  London^ 
on  October  24,  drew  up  the  well-known  Protocol  of  24 
Articles,  which  was  embodied  on  November  15  in  the 
famous  Treaty  of  1831  between  Great  Britain,  Austria, 
France,  Prussia,  Russia,  and  the  Kingdom  of  Belgium. 

The  division  of  territory  between  the  two  countries  pre- 
sented a  great  difficulty.  The  Kingdom  of  Holland  repre- 
sented the  old  seven  United  Provinces.  The  Kingdom  of 
Belgium  had  grown  out  of  the  old  '  Austrian  Netherlands  '. 
The  district  of  Limburg  historically  belonged  to  both  ;  the 


134  THE  NEUTRALITY  OF  BELGIUM 

northern  portion,  with  Maestricht,  had  been  Dutch  in  the 
eighteenth  century ;  the  southern  portion,  with  the  city 
of  Limburg  itself,  was  in  the  Austrian  Netherlands.  Lux^m- 
burg,  on  the  other  hand,  had  been  wholly  within  the 
Austrian  Netherlands.  In  1815,  however,  the  Congress  of 
Vienna  had  made  it  into  a  Grand  Duchy  under  the  King 
of  the  Netherlands.  The  Dutch,  therefore,  had  an  excellent 
claim  to  it.  It  had,  however,  thrown  in  its  lot  with  the 
Belgian  Revolution  in  1830.  The  Treaty  of  1831  effected 
a  compromise  :  the  western  portion  was  given  to  Belgium  ; 
the  eastern  portion,  with  the  city  of  Luxemburg  itself, 
remained  a  Grand  Duchy  under  the  King  of  the  Nether- 
lands. Neither  Holland  nor  Belgium  was  particularly 
pleased  with  this  arrangement.  Limburg  was  also  divided 
between  the  two  States ;  Belgium  got  the  old  Dutch 
enclaves  on  the  left  bank  of  the  Meuse,  except  Maestricht, 
which  remained  Dutch  ;  Holland  retained  all  Limburg 
east  of  the  Meuse,  and  also  a  part  on  the  left  bank,  to  the 
north  of  the  old  enclaves.* 

Later  events  have  given  prominence  to  the  position  of 
Holland  and  Belgium  on  the  Scheldt.  In  effect  no  new 
situation  was  set  up  by  the  Treaty  of  1831  nor  by  that 
of  1839,  which  merely  repeated  the  same  territorial  pro- 
visions. The  Peace  of  Westphalia  in  1648,  which  concluded 
the  Thirty  Years'  War  of  Germany  and  also  the  war 
between  the  Netherlands  and  Spain,  recognized  the  hold 
of  the  Dutch  over  both  sides  of  the  estuary  of  the  Scheldt. 
The  treaty  also  declared  the  river  to  be  closed  ;  thus  no 
ships  could  pass  through  the  estuary  between  the  Dutch 
banks,  to  Antwerp.  The  position  of  the  Dutch  on  the 
estuary  was  confirmed  at  the  end  of  the  War  of  the  Spanish 
Succession,  by  a  treaty  made  between  Great  Britain,  the 
Estates  General,  and  the  Emperor,  on  November  15,  1715. 
In  March  1815  a  treaty  of  the  Congress  of  Vienna  declared 

1  The  divisions  of  Luxemburg  and  Limburg  are  shown  clearly  in 
two  maps  in  Hertslet,  vol.  ii,  pp.  998-9. 


TREATY  OF  1839  *35 

the  Scheldt,  along  with  the  Rhine,  Neckar,  Main,  Moselle, 
and  Meuse,  to  be  open  to  navigation,  but  the  territorial 
position  of  the  Dutch  on  the  estuary  remained  unchanged. 
At  the  opening  of  the  European  War  in  August  1914  the 
Dutch  Government  declared  the  estuary  of  the  Scheldt  to 
be  territorial  waters  of  the  Kingdom  of  the  Netherlands,  and 
consequently  that  they  would  not  permit  '  the  passage 
across  the  territory  situated  within  the  territorial  waters  of 
the  Netherlands  by  the  warships  or  ships  assimilated  thereto 
of  the  belligerents  '-1  During  the  siege  of  Antwerp  in 
October  1914  no  attempt  was  made  by  the  Allies  to  use 
the  estuary  of  the  Scheldt  for  warlike  purposes,  but  the 
position  of  these  waters  in  international  law  has  never  yet 
been  precisely  acknowledged  or  denned. 

The  provisions  of  the  Treaty  of  1831  were  incorporated 
in  the  Treaty  of  1839,  which  has  since  then  regulated  the 
position  of  Belgium  in  international  law.  The  treaty  was 
made  between  Great  Britain,  Austria,  France,  Prussia,  and 
Russia,  on  the  one  hand,  and  the  Netherlands  on  the  other. 
By  Article  II  the  treaty  and  its  annex  were  placed  '  under 
the  guarantee  '  of  the  five  Powers.  Holland  was  not  one 
of  the  guarantors.  By  this  Article,  each  Power  undertook 
to  guarantee  the  position  of  Belgium  as  defined  by  the 
whole  treaty.  This  was  not  a  mere  collective  undertaking, 
where  the  guaranteeing  Powers  bind  themselves  to  act 
together  as  one  body.  It  was  an  individual  obligation 
imposed  by  each  Power  on  itself.2  The  guarantee  with 
respect  to  Luxemburg,  made  in  1867,  was  collective.3  An 
individual  guarantee  is,  if  anything,  more  emphatic  than 
a  collective  one,  but  the  moral  obligation  imposed  by  one 
or  the  other  is  just  the  same.  Belgium  was  thus  put  into 
what  was  considered,  by  the  Powers,  to  be  the  very  eligible 
position  of  a  State,  with  its  integrity  and  neutrality  guaran- 

1  Belgian  Grey  Book,  in  Collected  Diplomatic  Documents,  p.  327. 
1  See  the  remarks  of  Lord  Clarendon,  Hansard,  June  20,  1867. 
•»  Seep.  258. 


136  THE  NEUTRALITY  OF  BELGIUM 

teed.1  As  a  consequence  of  this,  Belgium  was  declared 
'  bound  to  observe  such  neutrality  towards  all  other  States '. 
This  obligation  Belgium  honourably  interpreted  as  involving 
not  merely  a  passive  attitude  of  strict  neutrality,  but  also 
as  carrying  with  it  the  heavy  task  of  actually  defending 
herself  against  an  aggressor  by  force  of  arms. 

In  1870  it  was  feared  that  France  or  Prussia  might  be 
tempted  to  use  Belgian  territory  for  military  operations. 
Accordingly,  to  safeguard  the  Treaty  of  1839,  Mr.  Glad- 
stone's Government  concluded  a  treaty  with  Prussia  on 
August  9,  1870.  In  this  the  King  of  Prussia  declared  '  his 
fixed  determination  to  respect  the  neutrality  of  Belgium  ', 
and  Great  Britain  bound  herself  to  co-operate  with  Prussia, 
by  land  and  sea,  to  defend  Belgium,  if  French  troops 
should  enter  that  country.2  On  August  n  the  British 
Government  concluded  a  similar  treaty  with  France  to 
defend  Belgium,  in  case  Prussia  should  violate  Belgium's 
neutrality.  If  both  France  and  Prussia  had  violated  this 
neutrality,  Great  Britain  might  have  had  to  go  to  war 
with  each  of  them. 

That  the  Kingdom  of  Belgium  is  a  neutral  State,  guaran- 
teed in  the  full  enjoyment  of  its  neutrality,  independence, 
and  integrity  by  the  Great  Powers,  has  never  been  denied. 
The  German  Imperial  Chancellor  admitted  this  in  his  well- 
known  speech  to  the  Reichstag  on  August  4,  1914. 

Gentlemen,  that  is  a  breach  of  international  law.  It 
is  true  that  the  French  Government  declared  at  Brussels 
that  France  would  respect  Belgian  neutrality  as  long  as 
her  adversary  respected  it.  We  knew,  however,  that 
France  stood  ready  for  an  invasion.  France  could  wait, 
we  could  not.  A  French  attack  on  our  flank  on  the 

1  The  Belgians  themselves  did  not  wish  to  be  neutralized.  See 
The  Invasion  and  the  War  in  Belgium,  by  L.  van  der  Essen  (1917), 
p.  ii,  also  The  Letters  of  Queen  Victoria  (edition  1908),  vol.  iii,  p.  172  : 

The  King  of  the  Belgians  to  Queen  Victoria  : — 

'  This  neutrality  was  in  the  real  interest  of  this  country,  but  our 
good  Congress  here  did  not  wish  it,  and  even  opposed  it ;  it  was 
impose  upon  them  '  (February  15,  1856). 

•  The  treaty  will  be  found  in  Mowat,  Select  Treaties,  pp.  39-41. 


BELGIAN  ATTITUDE  137 

lower  Rhine  might  have  been  disastrous.  Thus  we  were 
forced  to  ignore  the  rightful  protests  of  the  Governments 
of  Luxemburg  and  Belgium.  The  wrong — I  speak 
openly — the  wrong  we  thereby  commit  we  will  try  to 
make  good  as  soon  as  our  military  aims  have  been 
attained. 

He  who  is  menaced  as  we  are  and  is  fighting  for  his 
highest  possession  can  only  consider  how  he  is  to  hack 
his  way  through  (durchhauen).1 

Yet  while  no  one  has  denied  that  under  the  Treaty  of 
1839  Belgium  was  a  neutral  and  guaranteed  State,  doubt 
has  been  cast  upon  Belgium's  own  impartiality.  It  has 
been  suggested  that  previously  to  1914  she  had  formed 
a  design  to  join  with  the  Entente  Powers  against  Germany, 
and  that  accordingly  she  had  forfeited  all  right  to  be  con- 
sidered by  others  as  a  neutral  State.  The  Treaty  of  1839 
contained  the  stipulation  that  Belgium  should  be  bound 
to  observe  her  own  neutrality. 

The  ground  of  accusation  against  Belgium  does  not  lie 
in  the  fact  that  she  called  upon  England  and  France  to 
assist  her. 

Sir, 

The  Belgian  Government  regret  to  have  to  announce 
to  your  Excellency  that  this  morning  the  armed  forces 
of  Germany  entered  Belgian  territory  in  violation  of 
treaty  engagements. 

The  Belgian  Government  are  firmly  determined  to 
resist  by  all  the  means  in  their  power. 

Belgium  appeals  to  Great  Britain,  France,  and  Russia 
to  co-operate  as  guaranteeing  Powers  in  the  defence  of 
her  territory. 

There  should  be  concerted  and  joint  action,  to  oppose 
the  forcible  measures  taken  by  Germany  against  Belgium, 
and  at  the  same  time,  to  guarantee  the  future  maintenance 
of  the  independence  and  integrity  of  Belgium.  Belgium 
is  happy  to  be  able  to  declare  that  she  will  undertake 
the  defence  of  her  fortified  places.2 

1  German  White  Book  in  Collected  Diplomatic  Documents,  p.  438. 
1  Belgian  Minister  for  Foreign  Affairs  to  British,  French,  and 


138  THE  NEUTRALITY  OF  BELGIUM 

This  appeal  to  the  other  guaranteeing  Powers  was 
a  natural  consequence  of  the  obligation  which  the  Powers 
had  put  upon  Belgium,  that  she  should  observe  her  own 
neutrality.  The  guaranteeing  Powers  were  bound  to  help 
her,  once  Germany  had  crossed  her  border.  It  would  even 
have  been  quite  correct  for  Belgium  to  invite  the  troops 
of  a  guaranteeing  Power  to  enter  the  country,  as  a  pre- 
cautionary measure,  before  the  territory  had  been  violated. 
More  than  this,  it  was  suggested  by  the  British  Military 
Attache  at  Brussels  in  1906  that  a  guaranteeing  Power 
could,  uninvited,  send  a  force  to  Belgium  in  order  to  defend 
her  neutrality  against  a  State  which  was  taking  steps  to 
violate  it.  The  Belgian  Government,  however,  refused  to 
entertain  this  view.  They  maintained  that  the  troops  of 
a  guaranteeing  Power  could  only  enter  the  country  with 
the  explicit  consent  of  the  Belgian  Government. 

The  charge  that  Belgium. had  as  early  as  1906  departed 
from  her  neutrality,  and  taken  up  an  attitude  hostile  to 
Germany,  is  based  upon  certain  papers  found  in  the 
archives  of  the  Foreign  Office  at  Brussels,  after  the  occupa- 
tion of  that  city  by  the  Germans  on  August  20,  1914. 
These  papers  contained  a  record  of  conversations  between 
the  chief  of  the  Belgian  General  Staff  and  the  British 
Military  Attache  at  Brussels.  The  problem  discussed  was 
the  manner  in  which  Great  Britain  could  best  co-operate 
with  the  Belgian  forces  in  the  event  of  an  attack  upon 
Belgium  by  Germany.  '  Should  Belgium  be  attacked,  it 
was  proposed  to  send  100,000  men.'  In  another  interview 
the  two  officers  '  examined  the  question  of  combined 
operations,  in  the  event  of  a  German  attack  directed 
against  Antwerp  '.l 

The  conversations,  when  first  published  in  the  Nord- 

Russian  Ministers  at  Brussels,  August  4,  1914  ;  Belgian  Grey  Book, 
in  Collected  Diplomatic  Documents,  pp.  321-2. 

1  See  Belgian  Grey  Book,  in  Collected  Diplomatic  Documents, 
pp.  354-60.  Also  Aktenstucke  zum  Kriegsausbruch.  Herausgegeben 
vom  Auswartigen  Amte,  pp.  58,  62. 


CONVERSATIONS  OF  1906  139 

deutsche  Allgemeine  Zeitung  on  October  13,  1914,  created 
considerable  surprise,  but  as  soon  as  the  documents  were 
seriously  studied  they  were  seen  to  constitute  no  departure 
from  neutrality  on  the  part  of  Belgium,  and  no  intention 
to  violate  that  neutrality  on  the  side  of  England  or  France. 
The  Treaty  of  1839  had  imposed  upon  Belgium  the  heavy 
burden  of  defending  her  territory  against  any  State,  how- 
ever powerful,  which  should  try  to  get  a  passage  for  troops, 
or  a  base  of  operations  in  her  territory.  Such  defence,  on 
the  part  of  Belgium,  could  be  of  no  avail  without  co- 
operation with  the  Powers  which  had  guaranteed  to  stand 
by  her,  under  the  Treaty  of  1839.  She  was  therefore  not 
merely  at  liberty,  but  morally  obliged  to  concert  a  plan 
for  such  combined  operations  in  her  own  defence.  There- 
fore, with  regard  to  the  conversations  between  the  Chief 
of  the  Belgian  General  Staff  and  the  British  Military 
Attache,  the  only  question  which  the  Belgian  Government 
can  be  called  on  to  answer,  is  this  :  when  they  concerted 
a  scheme  for  operations  along  with  Great  Britain  against 
a  possible  attack  by  Germany,  why  did  they  not  make 
a  complementary  agreement  with  Germany,  for  concerted 
operations  against  a  possible  attack  by  Great  Britain  or 
France  ? 

Such  a  method  would  have  been  in  line  with  the  policy 
pursued  by  Lord  Granville,  the  British  Secretary  of  State 
in  1870,  when  he  concluded  the  treaty  to  join  France,  if 
the  Germans  crossed  the  Belgian  frontier,  and  to  join 
Prussia  against  France,  if  the  French  invaded  Belgium. 
That  the  Belgian  Government  did  not  have  conversations 
'all  round'  in  1906,  was  because  they  had  reason  to  believe 
that  no  danger  threatened  them  from  France  or  England, 
but  that  serious  danger  threatened  them  from  Germany. 
The  events  which  took  place  in  the  summer  of  1914  indicate 
that  conversations  between  the  Belgian  and  German 
General  Staffs  would  only  have  supplied  Germany  with 
military  information  which  the  Government  of  that  country 


140  THE  NEUTRALITY  OF  BELGIUM 

would  not  have  scrupled  to  use,  for  reasons  of  State,  when 
the  time  came. 

On  August  2,  1914,  before  the  fateful  invasion  of  Belgian 
territory  took  place,  the  German  minister  at  Brussels 
handed  to  the  Ministry  of  Foreign  Affairs  proposals  for  the 
entrance  of  Imperial  troops  into  the  country.  The  German 
Government  offered  to  '  bind  themselves,  at  the  conclusion 
of  peace,  to  guarantee  the  possessions  and  independence 
of  the  Belgian  Kingdom  in  full  '.1  After  the  taking  of 
Liege,  the  German  Government  again  made  tempting  pro- 
posals,2 which  would  have  saved  Belgium  from  further 
horrors  of  a  hostile  occupation,  and  from  the  long  drawn- 
out  agony  that  was  to  follow.  The  reply  of  the  Belgian 
Government  was  simple  and  direct  (August  12,  1914)  : 

The  proposal  made  to  us  by  the  German  Government 
repeats  the  proposal  formulated  in  their  ultimatum  of 
August  2.  Faithful  to  her  international  obligations, 
Belgium  can  only  reiterate  her  reply  to  that  ultimatum, 
the  more  so  as  since  August  3  her  neutrality  has  been 
violated,  a  distressing  war  has  been  waged  on  her 
territory,  and  the  guarantors  of  her  neutrality  have 
responded  loyally  and  without  delay  to  her  appeal.3 

The  honesty  and  fortitude  of  the  Belgian  Government 
and  people  show  clear  at  the  bar  of  history,  and  are  an" 
inspiring  example  for  all  time.  No  words  can  convey  this 
more  truly  than  those  in  which  the  editor  of  the  Collected 
Diplomatic  Documents,  issued  by  the  British  Foreign  Office, 
concludes  his  preface : 

This,  however,  may  be  said.  Charges  against  Great 
Britain  are  fair  methods  of  warfare.  They  may  call  for 
denial,  but  not  for  protest.  But  charges  against  Belgium, 
made  at  such  a  moment  and  in  such  circumstances,  can 
be  justified  by  no  standards  of  policy  or  morality.  They 
fail  before  every  test  known  to  historical  criticism,  and 

1  Collected  Diplomatic  Documents,  p.  310. 

8  Text  and  trans,  in  Collected  Diplomatic  Documents,  pp.  335-6. 

»  Ibid.,  p.  340. 


TREATY  OF  1839  141 

the  circumstances  in  which  they  are  made  are  them- 
selves a  refutation.  For  the  sufferings  of  Belgium  to- 
day are  largely  due  to  her  steady  and  honourable  deter- 
mination to  appeal  for  no  assistance  which  by  any 
stretch  of  malicious  construction  could  be  interpreted 
as  an  infringement  of  the  law  of  her  existence. 

TREATY  BETWEEN  GREAT  BRITAIN,  AUSTRIA,  FRANCE, 
PRUSSIA,  AND  RUSSIA,  ON  THE  ONE  PART,  AND  THE 
NETHERLANDS,  ON  THE  OTHER.  SIGNED  AT  LONDON, 
IQTH  APRIL,  I839.1 

ARTICLE  I.  His  Majesty  the  King  of  the  Netherlands, 
Grand  Duke  of  Luxemburg,  engages  to  cause  to  be  immedi- 
ately converted  into  a  Treaty  with  His  Majesty  the  King 
of  the  Belgians,  the  Articles  annexed  to  the  present  Act, 
and  agreed  upon  by  common  consent,  under  the  auspices 
of  the  Courts  of  Great  Britain,  Austria,  France,  Prussia, 
and  Russia. 

ARTICLE  II.  Her  Majesty  the  Queen  of  the  United  King- 
dom of  Great  Britain  and  Ireland,  His  Majesty  the  Emperor 
of  Austria,  King  of  Hungary  and  Bohemia,  His  Majesty 
the  King  of  the  French,  His  Majesty  the  King  of  Prussia, 
and  His  Majesty  the  Emperor  of  All  the  Russias,  declare 
that  the  Articles  mentioned  in  the  preceding  Article,  are 
considered  as  having  the  same  force  and  validity  as  if  they 
were  textually  inserted  in  the  present  Act,  and  that  they 
are  thus  placed  under  the  guarantee  of  their  said  Majesties. 

ARTICLE  III.  The  Union  which  has  existed  between 
Holland  and  Belgium,  in  virtue  of  the  Treaty  of  Vienna 
of  the  3ist  of  May,  1815,  is  acknowledged  by  His  Majesty 
the  King  of  the  Netherlands,  Grand  Duke  of  Luxemburg, 
to  be  dissolved. 

ARTICLE  IV.  The  present  Treaty  shall  be  ratified,  and 
the  Ratifications  shall  be  exchanged  at  London  at  the 
expiration  of  6  weeks,  or  sooner,  if  possible.  The  exchange 
of  these  Ratifications  shall  take  place  at  the  same  time 
as  that  of  the  Ratifications  of  the  Treaty  between  Holland 
and  Belgium. 

1  State  Papers,  vol.  xxvii,  p.  990.  Hertslet,  vol.  ii.  No.  183. 
A  treaty  was  signed  on  the  same  day  between  the  Powers  and 
Belgium,  followed  by  the  same  annex.  Article  II  declared  that  the 
Treaty  of  the  isth  Nov.,  1831,  should  not  be  obligatory  on  the  High 
Contracting  Parties. 


142  THE  NEUTRALITY  OF  BELGIUM 

In  witness  whereof,  the  respective  Plenipotentiaries  have 
signed  the  present  Treaty,  and  have  affixed  thereto  the 
Seal  of  their  Arms. 

Done  at  London,  the  igth  day  of  April,  in  the  year  of 
Our  Lord,  1839. 

(L.S.)     PALMERSTON.  (L.S.)     DEDEL. 

(L.S.)     SENFF. 

(L.S.)     H.  SEBASTIANI. 

(L.S.)    BULOW. 

(L.S.)     POZZO  DI  BORGO. 

ANNEX  TO  THE  TREATY  SIGNED  AT  LONDON,  ON  THE 
IQTH  OF  APRIL,  1839,  BETWEEN  GREAT  BRITAIN, 
AUSTRIA,  FRANCE,  PRUSSIA,  AND  RUSSIA,  ON  THE 
ONE  PART,  AND  THE  NETHERLANDS,  ON  THE  OTHER 

PART. 

ARTICLE  I.  The  Belgian  Territory  shall  be  composed  of 
the  Provinces  of — 

South  Brabant ; 

Liege  ; 

Namur  ; 

Hainault ; 

West  Flanders  ; 

East  Flanders ; 

Antwerp ;  and 

Limburg ; 

such  as  they  formed  part  of  the  United  Kingdom  of  the 
Netherlands  constituted  in  1815,  with  the  exception  of 
those  Districts  of  the  Province  of  Limburg  which  are 
designated  in  Article  IV. 

The  Belgian  Territory  shall,  moreover,  comprise  that 
part  of  the  Grand  Duchy  of  Luxemburg  which  is  specified 
in  Article  II. 

ARTICLE  II.  In  the  Grand  Duchy  of  Luxemburg,  the 
limits  of  the  Belgian  Territory  shall  be  such  as  will  be 
hereinafter  described,  viz.  : — 

Commencing  from  the  Frontier  of  France  between 
Rodange,  which  shall  remain  to  the  Grand  Duchy  of 
Luxemburg,  and  Athus,  which  shall  belong  to  Belgium, 
there  shall  be  drawn,  according  to  the  annexed  Map, 
a  line  which,  leaving  to  Belgium  the  road  from  Arlon  to 
Longwy,  the  Town  of  Arlon  with  its  district,  and  the  road 
from  Arlon  to  Bastogne,  shall  pass  between  Messancy,  which 


ANNEX  TO  TREATY  OF  1839  T43 

shall  be  on  the  Belgian  Territory,  and  Clemancy,  which 
shall  remain  to  the  Grand  Duchy  of  Luxemburg,  terminat- 
ing at  Steinfort,  which  place  shall  also  remain  to  the  Grand 
Duchy.  From  Steinfort  this  line  shall  be  continued  in  the 
direction  of  Eischen,  Hecbus,  Guirsch,  Ober-Pallen,  Grende, 
Nothomb,  Parette,  and  Perle,  as  far  as  Martelange  :  Hec- 
bus, Guirsch,  Grende,  Nothomb,  and  Parette,  shall 
(devant  appartenir)  belong  to  Belgium,  and  Eischen,  Ober- 
Pallen,  Perle,  and  Martelange,  to  the  Grand  Duchy.  From 
Martelange  the  said  line  shall  follow  the  course  of  the  Sure, 
the  waterway  (Thalweg)  of  which  River  shall  serve  as  the 
limit  between  the  two  States,  as  far  as  opposite  to  Tintange, 
from  whence  it  shall  be  continued,  as  directly  as  possible, 
towards  the  present  Frontier  of  the  Arrondissement  of 
Diekirch,  and  shall  pass  between  Surret,  Harlange,  and 
Tarchamps,  which  places  shall  be  left  to  the  Grand  Duchy 
of  Luxemburg,  and  Honville,  Livarchamps,  and  Loutre- 
mange,  which  places  shall  form  part  of  the  Belgian  Territory. 
Then  having,  in  the  vicinity  of  Doncols  and  Soulez,  which 
shall  remain  to  the  Grand  Duchy,  reached  the  present 
Boundary  of  the  Arrondissement  of  Diekirch,  the  line  in 
question  shall  follow  the  said  Boundary  to  the  Fron- 
tier of  the  Prussian  Territory.  All  the  Territories,  Towns, 
Fortresses,  and  places  situated  to  the  west  of  this  line, 
shall  belong  to  Belgium  ;  and  all  the  Territories,  Towns, 
Fortresses,  and  places  situated  to  the  east  of  the  said  line, 
shall  continue  to  belong  to  the  Grand  Duchy  of  Luxemburg. 

It  is  understood,  that  in  marking  out  this  line,  and  in 
conforming  as  closely  as  possible  to  the  description  of  it 
given  above,  as  well  as  to  the  delineation  of  it  on  the  Map, 
which,  for  the  sake  of  greater  clearness,  is  annexed  to  the 
present  Article,  the  Commissioners  of  Demarcation,  men- 
tioned in  Article  V,  shall  pay  due  attention  to  the  localities, 
as  well  as  to  the  mutual  necessity  for  accommodation 
which  may  result  therefrom. 

ARTICLE  III.  In  return  for  the  cessions  made  in  the 
preceding  Article,  there  shall  be  assigned  to  His  Majesty 
the  King  of  the  Netherlands,  Grand  Duke  of  Luxemburg, 
a  Territorial  Indemnity  in  the  Province  of  Limburg. 

ARTICLE  IV.  In  execution  of  that  part  of  Article  I 
which  relates  to  the  Province  of  Limburg,  and  in  conse- 
quence of  the  cessions  which  His  Majesty  the  King  of  the 
Netherlands,  Grand  Duke  of  Luxemburg,  makes  in  Article  II, 


144  THE  NEUTRALITY  OF  BELGIUM 

His  said  Majesty  shall  possess,  either  to  be  held  by  him  in 
his  character  of  Grand  Duke  of  Luxemburg,  or  for  the 
purpose  of  being  united  to  Holland,  those  Territories,  the 
limits  of  which  are  hereinafter  described. 

ist.  On  the  right  bank  of  the  Meuse  :  to  the  old  Dutch 
enclaves  upon  the  said  bank  in  the  Province  of  Limburg, 
shall  be  united  those  districts  of  the  said  Province  upon 
the  same  bank,  which  did  not  belong  to  the  States  General 
in  1790  ;  in  such  wise  that  the  whole  of  that  part  of  the 
present  Province  of  Limburg,  situated  upon  the  right  bank 
of  the  Meuse,  and  comprised  between  that  River  on  the 
west,  the  Frontier  of  the  Prussian  Territory  on  the  east, 
the  present  Frontier  of  the  province  of  Liege  on  the  south, 
and  Dutch  Guelderland  on  the  north,  shall  henceforth 
belong  to  His  Majesty  the  King  of  the  Netherlands,  either 
to  be  held  by  him  in  his  character  of  Grand  Duke  of  Luxem- 
burg, or  in  order  to  be  united  to  Holland. 

2nd.  On  the  left  bank  of  the  Meuse  :  commencing  from 
the  southernmost  point  of  the  Dutch  Province  of  North 
Brabant,  there  shall  be  drawn,  according  to  the  annexed 
Map,  a  line  which  shall  terminate  on  the  Meuse  above 
Wessem,  between  that  place  and  Stevenswaardt,  at  the 
point  where  the  Frontiers  of  the  present  Arrondissements 
of  Ruremonde  and  Maestricht  meet,  on  the  left  bank  of 
the  Meuse ;  in  such  manner  that  Bergerot,  Stamproy, 
Neer-Itteren,  Ittervoordt,  and  Thorn,  with  their  districts, 
as  well  as  all  the  other  places  situated  to  the  north  of  this 
line,  shall  form  part  of  the  Dutch  Territory. 

The  old  Dutch  enclaves  in  the  province  of  Limburg,  upon 
the  left  bank  of  the  Meuse,  shall  belong  to  Belgium,  with 
the  exception  of  the  town  of  Maestricht,  which,  together 
with  a  radius  of  territory,  extending  1,200  toises  from  the 
outer  glacis  of  the  fortress,  on  the  said  bank  of  this  River, 
shall  continue  to  be  possessed,  in  full  Sovereignty  and 
Property,  by  His  Majesty  the  King  of  the  Netherlands. 

ARTICLE  V.  His  Majesty  the  King  of  the  Netherlands, 
Grand  Duke  of  Luxemburg,  shall  come  to  an  Agreement 
with  the  Germanic  Confederation,  and  with  the  Agnates  of 
the  House  of  Nassau,  as  to  the  application  of  the  stipula- 
tions contained  in  Articles  III  and  IV,  as  well  as  upon  all 
the  arrangements  which  the  said  Articles  may  render 
necessary,  either  with  the  above-mentioned  Agnates  of 
the  House  of  Nassau,  or  with  the  Germanic  Confederation. 


ANNEX  TO  TREATY.  OF  1839  X45 

ARTICLE  VI.  In  consideration  of  the  territorial  arrange- 
ments above  stated,  each  of  the  two  Parties  renounces 
reciprocally  and  for  ever,  all  pretension  to  the  Territories, 
Towns,  Fortresses,  and  Places  situated  within  the  limits 
of  the  possessions  of  the  other  Party,  such  as  those  limits 
are  described  in  Articles  I,  II,  and  IV. 

The  said  limits  shall  be  marked  out  in  conformity  with 
those  Articles,  by  Belgian  and  Dutch  Commissioners  of 
Demarcation,  who  shall  meet  as  soon  as  possible  in  the 
town  of  Maestricht. 

ARTICLE  VII.  Belgium,  within  the  limits  specified  in 
Articles  I,  II,  and  IV,  shall  form  an  Independent  and 
perpetually  Neutral  State.  It  shall  be  bound  to  observe 
such  Neutrality  towards  all  other  States. 

ARTICLE  VIII.  The  drainage  of  the  waters  of  the  Two 
Flanders  shall  be  regulated  between  Holland  and  Belgium, 
according  to  the  stipulations  on  this  subject  contained  in 
Article  VI  of  the  Definitive  Treaty  concluded  between 
His  Majesty  the  Emperor  of  Germany  and  the  States- 
General,  on  the  8th  of  November,  1785,  and  in  conformity 
with  the  said  Article,  Commissioners,  to  be  named  on  either 
side,  shall  make  arrangements  for  the  application  of  the 
provisions  contained  in  it. 

ARTICLE  IX.  §  i.  The  provisions  of  Articles  CVIII  to 
CXVII,  inclusive,  of  the  General  Act  of  the  Congress  of 
Vienna,  relative  to  the  Free  Navigation  of  navigable 
Rivers,  shall  be  applied  to  those  navigable  Rivers  which 
separate  the  Belgian  and  the  Dutch  territories,  or  which 
traverse  them  both. 

§  2.  So  far  as  regards  specially  the  Navigation  of  the 
Scheldt,  and  of  its  mouths,  it  is  agreed,  that  the  Pilotage 
and  the  Buoying  of  its  channel,  as  well  as  the  conservation 
of  the  channels  of  the  Scheldt  below  Antwerp,  shall  be 
subject  to  a  joint  superintendence ;  and  that  this  joint 
superintendence  shall  be  exercised  by  Commissioners  to  be 
appointed  for  this  purpose  by  the  two  Parties.  Moderate 
Pilotage  Dues  shall  be  fixed  by  mutual  agreement,  and 
those  dues  shall  be  the  same  for  the  vessels  of  all  nations. 

In  the  meantime,  and  until  these  dues  shall  be  fixed,  no 
higher  Pilotage  Dues  shall  be  levied  than  those  which  have 
been  established  by  the  Tariff  of  1829,  for  the  mouths  of 
the  Meuse  from  the  High  Sea  to  Helvoet,  and  from  Helvoet 
to  Rotterdam,  in  proportion  to  the  distances.  It  shall  be 

1933 


146  THE  NEUTRALITY  OF  BELGIUM 

at  the  choice  of  every  vessel  proceeding  from  the  High  Sea 
to  Belgium,  or  from  Belgium  to  the  High  Sea,  to  take  what 
pilot  she  pleases  ;  and  upon  the  same  principle  it  shall  be 
free  for  the  two  countries  to  establish  along  the  whole 
course  of  the  Scheldt  and  at  its  mouths,  such  Pilotage 
establishments  as  shall  be  deemed  necessary  for  furnishing 
Pilots.  Everything  relating  to  these  establishments  shall 
be  determined  by  the  regulation  to  be  concluded  in  con- 
formity with  §  6  hereinafter  following.  These  establish- 
ments shall  be  placed  under  the  joint  superintendence 
mentioned  in  the  beginning  of  the  present  paragraph. 
The  two  Governments  engage  to  preserve  the  navigable 
channels  of  the  Scheldt,  and  of  its  mouths,  and  to  place 
and  maintain  therein  the  necessary  beacons  and  buoys, 
each  for  its  own  part  of  the  River. 

§  3.  There  shall  be  levied  by  the  Government  of  the 
Netherlands,  upon  the  navigation  of  the  Scheldt  and  of  its 
mouths,  a  single  duty  of  ifl.  5oc.  per  ton,  that  is  to  say, 
ifl.  I2c.  on  vessels  which,  coming  from  the  High  Sea, 
shall  ascend  the  Western  Scheldt  in  order  to  proceed  to 
Belgium  by  the  Scheldt  or  by  the  Canal  of  Terneuze  ;  and 
of  380.  per  ton  on  vessels  which,  coming  from  Belgium 
by  the  Scheldt  or  by  the  Canal  of  Terneuze,  shall  descend 
the  Western  Scheldt  in  order  to  proceed  to  the  High  Sea. 
And  in  order  that  the  said  vessels  may  not  be  subject  to 
any  visit,  nor  to  any  delay  or  hindrance  whatever  within 
the  Dutch  waters,  either  in  ascending  the  Scheldt  from  the 
High  Sea,  or  in  descending  the  Scheldt  in  order  to  reach 
the  High  Sea,  it  is  agreed  that  the  collection  of  the  duty 
above  mentioned  shall  take  place  by  Dutch  agents  at 
Antwerp  and  at  Terneuze.  In  the  same  manner,  vessels 
arriving  from  the  High  Sea  in  order  to  proceed  to  Antwerp 
by  the  Western  Scheldt,  and  coming  from  places  suspected 
in  regard  to  health,  shall  be  at  liberty  to  continue  their 
course  without  hindrance  or  delay,  accompanied  by  one 
health  guard,  and  thus  to  proceed  to  the  place  of  their 
destination.  Vessels  proceeding  from  Antwerp  to  Terneuze, 
and  vice  versa,  or  carrying  on  in  the  River  itself  Coasting 
Trade  or  Fishery  (in  such  manner  as  the  exercise  of  the 
latter  shall  be  regulated  in  pursuance  of  §  6  hereinafter) 
shall  not  be  subjected  to  any  duty. 

§  4.  The  branch  of  the  Scheldt  called  the  Eastern  Scheldt 
not  being  in  its  present  state  available  for  the  navigation 


ANNEX  TO  TREATY  OF  1839  147 

from  the  High  Sea  to  Antwerp  and  Terneuze,  and  vice 
versa,  but  being  used  for  the  navigation  between  Antwerp 
and  the  Rhine,  this  eastern  branch  shall  not  be  burthened, 
in  any  part  of  its  course,  with  higher  duties  or  tolls  than 
those  which  are  levied,  according  to  the  Tariffs  of  Mayence 
of  the  3ist  March,  1831,  upon  the  navigation  from  Gorcum 
to  the  High  Sea,  in  proportion  to  the  distances. 

§  5.  It  is  also  agreed  that  the  navigation  of  the  inter- 
mediate channels  between  the  Scheldt  and  the  Rhine,  in 
order  to  proceed  from  Antwerp  to  the  Rhine,  and  vice 
versa,  shall  continue  reciprocally  free,  and  that  it  shall  be 
subject  only  to  moderate  tolls,  which  shall  be  the  same 
for  the  commerce  of  the  two  countries. 

§  6.  Commissioners  on  both  sides  shall  meet  at  Antwerp 
in  the  space  of  one  month,  as  well  to  determine  the  definitive 
and  permanent  amount  of  these  tolls,  as  to  agree  upon 
a  general  regulation  for  the  execution  of  the  provisions  of 
the  present  Article,  and  to  include  therein  a  provision  for 
the  exercise  of  the  right  of  Fishing  and  of  trading  in  fish, 
throughout  the  whole  extent  of  the  Scheldt,  on  a  footing 
of  perfect  reciprocity  and  equality  in  favour  of  the  subjects 
of  the  two  countries. 

§  7.  In  the  meantime,  and  until  the  said  regulations  shall 
be  prepared,  the  navigation  of  the  Meuse  and  of  its  branches 
shall  remain  free  to  the  commerce  of  the  two  countries, 
which  shall  adopt  provisionally,  in  this  respect,  the  Tariffs 
of  the  Convention  signed  at  Mayence  on  the  3ist  March, 
1831,  for  the  Free  Navigation  of  the  Rhine,  as  well  as  the 
other  provisions  of  that  Convention,  so  far  as  they  may  be 
applicable  to  the  said  River. 

§  8.  If  natural  events  or  works  of  art  should  hereafter 
render  impracticable  the  lines  of  navigation  mentioned  in 
the  present  Article,  the  Government  of  the  Netherlands 
shall  assign  to  Belgian  navigation  other  lines  equally  safe, 
and  equally  good  and  commodious,  instead  of  the  said 
lines  of  navigation  become  impracticable. 

ARTICLE  X.  The  use  of  the  Canals  which  traverse  both 
countries  shall  continue  to  be  free  and  common  to  the 
inhabitants  of  both.  It  is  understood  that  they  shall 
enjoy  the  use  of  the  same  reciprocally,  and  on  equal  con- 
ditions ;  and  that  on  either  side  moderate  duties  only 
shall  be  levied  upon  the  navigation  of  the  said  Canals. 

ARTICLE  XL    The  commercial  communications  through 

L  2 


148  THE  NEUTRALITY  OF  BELGIUM 

the  town  of  Maestricht,  and  through  Sittardt,  shall  remain 
entirely  free,  and  shall  not  be  impeded  under  any  pretext 
whatsoever. 

The  use  of  the  roads  which,  passing  through  these  towns, 
lead  to  the  Frontiers  of  Germany,  shall  be  subject  only  to 
the  payment  of  moderate  Turnpike  Tolls,  for  the  repair  of 
the  said  roads,  so  that  the  transit  commerce  may  not 
experience  any  obstacle  thereby,  and  that  by  means  of 
the  Tolls  above  mentioned,  these  roads  may  be  kept  in 
good  repair,  and  fit  to  afford  facilities  to  that  commerce. 

ARTICLE  XII.  In  the  event  of  a  new  Road  having  been 
constructed,  or  a  new  Canal  cut,  in  Belgium,  terminating 
at  the  Meuse,  opposite  the  Dutch  canton  of  Sittardt,  in 
that  case  Belgium  shall  be  entitled  to  demand  of  Holland, 
who,  on  the  other  hand,  shall  not  in  such  case  refuse  her 
consent,  that  the  said  Road,  or  the  said  Canal,  shall  be 
continued,  according  to  the  same  plan,  and  entirely  at  the 
cost  and  charge  of  Belgium,  through  the  canton  of  Sittardt, 
to  the  frontiers  of  Germany.  This  Road  or  Canal,  which 
shall  be  used  only  as  a  commercial  communication,  shall 
be  constructed,  at  the  option  of  Holland,  either  by  engineers 
and  workmen  whom  Belgium  shall  obtain  permission  to 
employ  for  that  purpose  in  the  canton  of  Sittardt,  or  by 
engineers  and  workmen  to  be  furnished  by  Holland,  and 
who  shall  execute  the  works  agreed  upon  at  the  expense 
of  Belgium  ;  the  whole  without  any  charge  whatsoever  to 
Holland,  and  without  prejudice  to  her  exclusive  rights  of 
Sovereignty  over  the  Territory  which  may  be  traversed  by 
the  Road  or  Canal  in  question. 

The  two  Parties  shall  fix,  by  mutual  agreement,  the 
amount  and  the  mode  of  collection  of  the  Duties  and  Tolls 
which  should  be  levied  upon  the  said  Road  or  Canal. 

ARTICLE  XIII.  §  I.  From  and  after  the  ist  of  January, 
1839,  Belgium,  with  reference  to  the  division  of  the  Public 
Debt  of  the  Kingdom  of  the  Netherlands,  shall  remain 
charged  with  the  sum  of  5,000,000  of  Netherland  florins  of 
annual  interest,  the  capital  of  which  shall  be  transferred 
from  the  debit  of  the  Great  Book  of  Amsterdam,  or  from 
the  debit  of  the  General  Treasury  of  the  Kingdom  of  the 
Netherlands,  to  the  debit  of  the  Great  Book  of  Belgium. 

§  2.  The  capitals  transferred,  and  the  annuities  inscribed 
upon  the  debit  of  the  Great  Book  of  Belgium,  in  con- 
sequence of  the  preceding  paragraph,  to  the  amount  of  the 


ANNEX  TO  TREATY  OF  1839  149 

total  sum  of  5,000,000  Netherland  florins  of  annual  interest, 
shall  be  considered  as  forming  part  of  the  Belgian  National 
Debt ;  and  Belgium  engages  not  to  admit,  either  at  present 
or  in  future,  any  distinction  between  this  portion  of  her 
Public  Debt  arising. from  her  union  with  Holland,  and  any 
other  Belgian  National  Debt  already  created,  or  which 
may  be  created  hereafter. 

§  3.  The  payment  of  the  above-mentioned  sum  of 
5,000,000  Netherland  florins  of  annual  interest,  shall  take 
place  regularly  every  6  months,  either  at  Brussels  or  at 
Antwerp,  in  ready  money,  without  deduction  of  any  kind 
whatsoever,  either  at  present  or  in  future. 

§  4.  In  consideration  of  the  creation  of  the  said  sum  of 
5,000,000  florins  of  annual  interest,  Belgium  shall  be 
released  from  all  obligation  towards  Holland,  on  account 
of  the  division  of  the  Public  Debt  of  the  Kingdom  of  the 
Netherlands. 

§  5.  Commissioners  to  be  named  on  both  sides  shall  meet 
within  the  space  of  15  days  in  the  town  of  Utrecht,  in  order 
to  proceed  to  the  transfer  of  the  capitals  and  annual  interest 
which,  upon  the  division  of  the  Public  Debt  of  the  Kingdom 
of  the  Netherlands,  are  to  pass  to  the  charge  of  Belgium, 
up  to  the  amount  of  5,000,000  florins  of  annual  interest. 

They  shall  also  proceed  to  deliver  up  the  Archives,  Maps, 
Plans,  and  other  documents  whatsoever  which  belong  to 
Belgium,  or  which  relate  to  her  administration. 

ARTICLE  XIV.  The  Port  of  Antwerp,  in  conformity  with 
the  stipulations  of  Article  XV  of  the  Treaty  of  Paris,  of 
the  3oth  of  May,  1814,  shall  continue  to  be  solely  a  Port 
of  Commerce. 

ARTICLE  XV.  Works  of  Public  or  Private  utility,  such 
as  canals,  roads,  or  others  of  a  similar  nature,  constructed 
wholly  or  in  part  at  the  expense  of  the  Kingdom  of  the 
Netherlands,  shall  belong,  together  with  the  advantages 
and  charges  thereunto  attached,  to  the  Country  in  which 
they  are  situated. 

It  is  understood  that  the  capitals  borrowed  for  the 
construction  of  these  works,  and  specifically  charged 
thereupon,  shall  be  comprised  in  the  aforesaid  charges,  in 
so  far  as  they  may  not  yet  have  been  repaid,  and  without 
giving  rise  to  any  claim  on  account  of  repayments  already 
made. 

ARTICLE  XVI.   The  Sequestrations  which  may  have  been 


150          THE  NEUTRALITY  OF  BELGIUM 

imposed  in  Belgium,  during  the  troubles,  for  political 
causes,  on  any  Property  or  Hereditary  Estates  whatsoever, 
shall  be  taken  off  without  delay,  and  the  enjoyment  of  the 
Property  and  Estates  above  mentioned  shall.be  immediately 
restored  to  the  lawful  owners  thereof. 

ARTICLE  XVII.  In  the  two  countries  of  which  the 
separation  takes  place  in  consequence  of  the  present 
Articles,  inhabitants  and  proprietors,  if  they  wish  to 
transfer  their  residence  from  one  country  to  the  other, 
shall,  during  two  years,  be  at  liberty  to  dispose  of  their 
property,  movable  or  immovable,  of  whatever  nature  the 
same  may  be,  to  sell  it,  and  to  carry  away  the  produce 
of  the  sale,  either  in  money  or  in  any  other  shape,  without 
hindrance,  and  without  the  payment  of  any  duties  other 
than  those  which  are  now  in  force  in  the  two  countries 
upon  changes  and  transfers. 

It  is  understood  that  the  collection  of  the  Droit  d'Aubaine 
et  de  Detraction  upon  the  persons  and  property  of  Dutch  in 
Belgium,  and  of  Belgians  in  Holland,  is  abandoned,  both 
now  and  for  the  future. 

ARTICLE  XVIII.  The  character  of  a  subject  of  the  two 
Governments,  with  regard  to  Property,  shall  be  acknow- 
ledged and  maintained. 

ARTICLE  XIX.  The  stipulations  of  Articles  from  XI  to 
XXI,  inclusive,  of  the  Treaty  concluded  between  Austria 
and  Russia,  on  the  3rd  of  May,  1815,  which  forms  an 
integral  part  of  the  General  Act  of  the  Congress  of  Vienna, 
stipulations  relative- to  Persons  who  possess  Property  in 
both  Countries,  to  the  election  of  residence  which  they  are 
required  to  make,  to  the  rights  which  they  shall  exercise 
as  subjects  of  either  State,  and  to  the  relations  of  neigh- 
bourhood in  Properties  cut  by  the  Frontiers,  shall  be 
applied  to  such  Proprietors,  as  well  as  to  such  Properties, 
in  Holland,  in  the  Grand  Duchy  of  Luxemburg,  or  in 
Belgium,  as  shall  be  found  to  come  within  the  cases  pro- 
vided for  by  the  aforesaid  stipulations  of  the  Acts  of  the 
Congress  of  Vienna.  It  is  understood  that  mineral  pro- 
ductions are  comprised  among  the  productions  of  the  soil 
mentioned  in  Article  XX  of  the  Treaty  of  the  3rd  of  May, 
1815,  above  referred  to.  The  Droits  d'Aubaine  et  de  Detrac- 
tion being  henceforth  abolished,  as  between  Holland,  the 
Grand  Duchy  of  Luxemburg,  and  Belgium,  it  is  understood 
that  such  of  the  above-mentioned  stipulations  as  may 


ANNEX  TO  TREATY  OF  1839  151 

relate  to  those  duties,  shall  be  considered  null  and  void 
in  the  3  Countries. 

ARTICLE  XX.  No  person  in  the  territories  which  change 
domination  shall  be  molested  or  disturbed  in  any  manner 
whatever,  on  account  of  any  part  which  he  may  have 
taken,  directly  or  indirectly,  in  Political  Events. 

ARTICLE  XXI.  The  Pensions  and  Allowances  of  expec- 
tants, of  persons  unemployed  or  retired,  shall  in  future  be 
paid,  on  either  side,  to  all  those  individuals  entitled  thereto, 
both  civil  and  military,  conformably  to  the  laws  in  force 
previous  to  the  ist  November,  1830. 

It  is  agreed  that  the  above-mentioned  Pensions  and 
Allowances  to  persons  born  in  the  Territories  which  now 
constitute  Belgium,  shall  remain  at  the  charge  of  the 
Belgian  Treasury ;  and  the  Pensions  and  Allowances  of 
persons  born  in  the  Territories  which  now  constitute  the 
Kingdom  of  the  Netherlands,  shall  be  at  the  charge  of  the 
Netherland  Treasury. 

ARTICLE  XXII.  All  Claims  of  Belgian  subjects  upon  any 
Private  Establishments,  such  as  the  Widows'  Fund,  and 
the  fund  known  under  the  denomination  of  the  Fonds  des 
Leges,  and  of  the  chest  of  civil  and  military  retired  allow- 
ances, shall  be  examined  by  the  Mixed  Commission  men- 
tioned in  Article  XIII,  and  shall  be  determined  according 
to  the  tenour  of  the  regulations  by  which  these  funds  or 
chests  are  governed. 

The  Securities  furnished,  as  well  as  the  payments  made, 
by  Belgian  accountants,  the  judicial  deposits  and  con- 
signments, shall  equally  be  restored  to  the  parties  entitled 
thereto,  on  the  presentation  of  their  proofs. 

If,  under  the  head  of  what  are  called  the  French  Liquida- 
tions, any  Belgian  subjects  should  still  be  able  to  bring 
forward  Claims  to  be  inscribed,  such  Claims  shall  also  be 
examined  and  settled  by  the  said  Commission. 

ARTICLE  XXIII.  All  Judgments  given  in  Civil  and 
Commercial  matters,  all  acts  of  the  civil  power,  and  all 
acts  executed  before  a  notary  or  other  public  officer  under 
the  Belgian  administration,  in  those  parts  of  Limburg  and 
of  the  Grand  Duchy  of  Luxemburg,  of  which  His  Majesty 
the  King  of  the  Netherlands,  Grand  Duke  of  Luxemburg, 
is  to  be  replaced  in  possession,  shall  be  maintained  in  full 
force  and  validity. 

ARTICLE  XXIV.     Immediately  after  the  exchange  of 


152  THE  NEUTRALITY  OF  BELGIUM 

the  Ratifications  of  the  Treaty  to  be  concluded  between 
the  two  Parties,  the  necessary  orders  shall  be  transmitted 
to  the  Commanders  of  the  respective  Troops,  for  the 
evacuation  of  the  Territories,  Towns,  Fortresses,  and 
Places  which  change  domination.  The  Civil  Authorities 
thereof  shall  also,  at  the  same  time,  receive  the  necessary 
orders  for  delivering  over  the  said  Territories,  Towns, 
Fortresses,  and  Places,  to  the  Commissioners  who  shall  be 
appointed  by  both  Parties  for  this  purpose. 

This  evacuation  and  delivery  shall  be  effected  so  as  to 
be  completed  in  the  space  of  15  days,  or  sooner  if  possible. 

REPORT  OF  CONVERSATIONS  BETWEEN  THE  BELGIAN  AND 
BRITISH  MILITARY  AUTHORITIES,  igoG.1 

Letter  [from  the  Chief  of  the  Belgian  General  Staff]  to  the 
[Belgian]  Minister  of  War  respecting  the  confidential 
Interviews. 

(Confidential.) 

Brussels,  April  10,  1906. 

Sir, 

I  have  the  honour  to  furnish  herewith  a  summary  of 
the  conversations  which  I  have  had  with  Lieutenant- 
Colonel  Barnardiston,  which  I  have  already  reported  to 
you  verbally. 

His  first  visit  was  in  the  middle  of  January.  Lieutenant- 
Colonel  Barnardiston  told  me  of  the  preoccupation  of 
the  British  General  Staff  concerning  the  general  political 
situation  and  the  existing  possibilities  of  war.  Should 
Belgium  be  attacked,  it  was  proposed  to  send  about  100,000 
men. 

The  lieutenant-colonel  having  asked  me  how  we  should 
interpret  such  a  step,  I  answered  that,  from  the  military 
point  of  view,  it  could  only  be  advantageous  ;  but  that  this 
question  of  intervention  had  also  a  political  side,  and  that 
I  must  accordingly  consult  the  Minister  of  War. 

Lieutenant-Colonel  Barnardiston  replied  that  his  Minister 
at  Brussels  would  speak  about  it  to  our  Minister  for  Foreign 
Affairs. 

1  In  French.  (Norddeutsche  Allgemeine  Zeitung,  October  13, 
1914  ;  Aktenstucke  zum  Kriegsausbruch.  Herausgegeben  vom  Aus- 
wartigen  Amte,  pp.  58-72  ;  Collected  Diplomatic  Documents,  pp. 
354  «.) 


REPORT  OF  CONVERSATIONS  153 

He  continued  as  follows :  The  disembarkation  of  the 
British  troops  would  take  place  on  the  French  coast,  in 
the  neighbourhood  of  Dunkirk  and  Calais,  in  such  a  manner 
that  the  operation  might  be  carried  out  in  the  quickest 
possible  way.1  Landing  at  Antwerp  would  take  much 
longer,  as  larger  transports  would  be  required,  and,  more- 
over, the  risk  would  be  greater. 

This  being  so,  several  other  points  remained  to  be  decided, 
viz.,  transport  by  rail,  the  question  of  requisitions  to  which 
the  British  Army  might  have  recourse,  the  question  of 
the  chief  command  of  the  allied  forces. 

He  enquired  whether  our  arrangements  were  adequate 
to  secure  the  defence  of  the  country  during  the  crossing 
and  transport  of  the  British  troops — a  period  which  he 
estimated  at  about  ten  days. 

I  answered  that  the  fortresses  of  Namur  and  Liege  were 
safe  against  a  surprise  attack,  and  that  in  four  days  our 
field  army  of  100,000  men  would  be  ready  to  take  the  field. 
After  having  expressed  his  entire  satisfaction  at  what  I 
had  said,  my  visitor  emphasized  the  following  points  : 
(i)  Our  conversation  was  absolutely  confidential ;  (2)  it 
was  in  no  way  binding  on  his  Government ;  (3)  his  Minister, 
the  British  General  Staff,  he,  and  myself  were  the  only 
persons  then  aware  of  the  matter ;  (4)  he  did  not  know 
whether  his  Sovereign  had  been  consulted. 

At  a  subsequent  meeting  Lieutenant-Colonel  Barnardiston 
assured  me  that  he  had  never  received  any  confidential 
information  from  other  military  attaches  about  our  army. 
He  then  gave  me  a  detailed  statement  of  the  strength  of 
the  British  forces  :  we  might  rely  on  it  that,  in  twelve  or 
thirteen  days,  two  army  corps,  four  cavalry  brigades,  and 
two  brigades  of  mounted  infantry  would  be  landed. 

He  asked  me  to  study  the  question  of  the  transport  of 
these  forces  to  that  part  of  the  country  where  they  would 
be  most  useful,  and  with  this  object  in  view  he  promised 
me  a  detailed  statement  of  the  composition  of  the  landing 
force. 

He  reverted  to  the  question  of  the  effective  strength  of 

1  The  following  marginal  note  occurs  in  the  facsimile : — 
(Translation.) 

'The  entry  of  the  English  into  Belgium  would  only  take  place 
after  the  violation  of  our  neutrality  by  Germany.' 


154 

our  field  army,  and  considered  it  important  that  no  detach- 
ments from  that  army  should  be  sent  to  Namur  and  Liege, 
as  those  fortresses  were  provided  with  adequate  garrisons. 

He  drew  my  attention  to  the  necessity  of  letting  the 
British  Army  take  full  advantage  of  the  facilities  afforded 
under  our  regulations  respecting  military  requirements. 
Finally,  he  laid  stress  on  the  question  of  the  chief  command. 

I  replied  that  I  could  say  nothing  on  the  latter  point, 
and  I  promised  that  I  would  study  the  other  questions 
with  care. 

Later,  the  British  military  attache  confirmed  his  previous 
estimate  :  twelve  days  at  least  were  indispensable  to  carry 
out  the  landing  on  the  coast  of  France.  It  would  take 
much  longer  (from  one  to  two  and  a  half  months)  to  land 
100,000  men  at  Antwerp. 

On  my  objecting  that  it  would  be  useless  to  wait  till  the 
disembarkation  was  finished,  before  beginning  the  transport 
by  rail,  and  that  it  would  be  better  to  send  on  the  troops 
by  degrees  as  they  arrived  on  the  coast,  Lieutenant-Colonel 
Barnardiston  promised  me  precise  details  of  the  daily 
disembarkation  table. 

With  regard  to  the  question  of  military  requirements, 
I  informed  my  visitor  that  that  question  would  easily  be 
arranged. 

As  the  plans  of  the  British  General  Staff  advanced,  the 
details  of  the  problem  were  worked  out  with  greater 
precision.  The  colonel  assured  me  that  half  the  British 
Army  could  be  landed  in  eight  days,  and  the  remainder 
at  the  end  of  the  twelfth  or  thirteenth  day,  except  the 
mounted  infantry,  on  which  we  could  not  count  till  later. 

Nevertheless/ 1  felt  bound  once  more  to  urge  the  necessity 
of  knowing  the  numbers  to  be  landed  daily,  so  as  to  work 
out  the  railway  arrangements  for  each  day. 

The  British  attache  then  spoke  to  me  of  various  other 
questions,  viz.  :  (i)  The  necessity  of  maintaining  secrecy 
about  the  operations,  and  of  ensuring  that  the  Press  should 
observe  this  carefully  ;  (2)  the  advantages  there  would  be 
in  attaching  a  Belgian  officer  to  each  British  staff,  an 
interpreter  to  each  commanding  officer,  and  gendarmes 
to  each  unit  to  help  the  British  military  police. 

At  another  interview  Lieutenant-Colonel  Barnardiston 
and  I  examined  the  question  of  combined  operations  in  the 
event  of  a  German  attack  directed  against  Antwerp,  and  on 


REPORT  OF  CONVERSATIONS  155 

the  hypothesis  of  our  country  being  crossed  in  order  to 
reach  the  French  Ardennes. 

Later  on,  the  colonel  signified  his  concurrence  in  the 
scheme  I  had  laid  before  him,  and  assured  me  of  the  assent 
of  General  Grierson,  Chief  of  the  British  General  Staff. 

Other  questions  of  secondary  importance  were  likewise 
disposed  of,  particularly  those  respecting  intermediary 
officers,  interpreters,  gendarmes,  maps,  illustrations  of 
uniforms,  English  translations  of  extracts  from  certain 
Belgian  regulations,  the  regulation  of  customs  dues  charge- 
able on  the  British  supplies,  hospital  accommodation 
for  the  wounded  of  the  allied  army,  &c.  Nothing  was 
settled  as  to  the  possible  control  of  the  Press  by  the 
Government  or  the  military  authorities. 

In  the  course  of  the  last  meetings  which  I  had  with  the 
British  attache  he  communicated  to  me  the  daily  disem- 
barkation table  of  the  troops  to  be  landed  at  Boulogne, 
Calais  and  Cherbourg.  The  distance  of  the  latter  place, 
included  owing  to  certain  technical  considerations,  would 
cause  a  certain  delay.  The  first  corps  would  be  landed  on 
the  tenth  day,  the  second  corps  on  the  fifteenth  day.  Our 
railways  would  carry  out  the  transport  operations  in  such 
a  way  that  the  arrival  of  the  first  corps,  either  towards 
Brussels-Louvain  or  towards  Namur-Dinant,  would  be 
completed  on  the  eleventh  day  and  that  of  the  second  corps 
on  the  sixteenth  day. 

I  finally  urged  once  again,  as  forcibly  as  was  within 
my  power,  the  necessity  of  accelerating  the  transport  by 
sea  in  order  that  the  British  troops  might  be  with  us 
between  the  eleventh  and  the  twelfth  day  ;  the  very  best 
and  most  favourable  results  would  accrue  from  the  concerted 
and  simultaneous  action  by  the  allied  forces.  On  the  other 
hand,  a  serious  check  would  ensue  if  such  co-operation 
could  not  be  achieved.  Colonel  Barnardiston  assured  me 
that  everything  would  be  done  with  that  end  in  view. 

In  the  course  of  our  conversations  I  took  the  opportunity 
of  convincing  the  military  attache  of  our  resolve  to  impede 
the  enemies'  movements  as  far  as  lay  within  our  power, 
and  not  to  take  refuge  in  Antwerp  from  the  outset.  Lieu- 
tenant-Colonel Barnardiston,  on  his  side,  informed  me  that 
he  had  at  present  little  confidence  in  the  support  or  inter- 
vention of  Holland.  He  likewise  confided  to  me  that  his 
Government  intended  to  move  the  British  base  of  supplies 


156  THE  NEUTRALITY  OF  BELGIUM 

from  the  French  coast  to  Antwerp  as  soon  as  the  North 
Sea  had  been  cleared  of  all  German  warships. 

At  all  our  interviews  the  colonel  regularly  communicated 
to  me  any  confidential  information  he  possessed  respecting 
the  military  condition  and  general  situation  of  our  eastern 
neighbour,  &c.  At  the  same  time  he  laid  stress  on  the 
imperative  need  for  Belgium  to  keep  herself  well  informed 
of  what  was  going  on  in  the  neighbouring  Rhine  country. 
I  had  to  admit  to  him  that  in  our  country  the  intelligence 
service  beyond  the  frontier  was  not,  in  times  of  peace, 
directly  under  our  General  Staff.  We  had  no  military 
attaches  at  our  legations.  I  took  care,  however,  not  to 
admit  to  him  that  I  was  unaware  whether  the  secret  service, 
prescribed  in  our  regulations,  was  organized  or  not.  But 
it  is  my  duty  here  to  call  attention  to  this  state  of  affairs, 
which  places  us  in  a  position  of  glaring  inferiority  to  that 
of  our  neighbours,  our  possible  enemies. 

Major-General, 
Chief  of  General  Staff. 
(Initialled.) 

Note. — When  I  met  General  Grierson  at  Compiegne  at 
the  manoeuvres  of  1906  he  assured  me  that  the  reorganiza- 
tion of  the  British  army  would  result  not  only  in  ensuring 
the  landing  of  150,000  men,  but  in  enabling  them  to  take 
the  field  in  a  shorter  period  than  had  been  previously 
estimated. 

End  of  September  1906. 

(Initialled.) 

(Translation.) 
(Confidential.) 

The  British  military  attache  asked  to  see  General 
Jungbluth.  These  gentlemen  met  on  the  23rd  April. 

Lieutenant-Colonel  Bridges  told  the  general  that  Great 
Britain  had,  available  for  dispatch  to  the  Continent,  an 
army  composed  of  six  divisions  of  infantry  and  eight  brigades 
of  cavalry,  in  all  160,000  men.  She  had  also  all  that  she 
needed  for  home  defence.  Everything  was  ready. 

The  British  Government,  at  the  time  of  the  recent 
events,  would  have  immediately  landed  troops  on  our 
territory,  even  if  we  had  not  asked  for  help. 


REPORT  OF  CONVERSATIONS  157 

The  general  protested  that  our  consent  would  be  necessary 
for  this. 

The  military  attach6  answered  that  he  knew  that,  but 
that  as  we  were  not  in  a  position  to  prevent  the  Germans 
passing  through  our  territory,  Great  Britain  would  have 
landed  her  troops  in  any  event. 

As  to  the  place  of  landing,  the  military  attache  was  not 
explicit.  He  said  the  coast  was  rather  long ;  but  the  general 
knows  that  Mr.  Bridges  made  daily  visits  to  Zeebrugge 
from  Ostend  during  the  Easter  holidays. 

The  general  added  that,  after  all,  we  were,  besides, 
perfectly  able  to  prevent  the  Germans  from  going  through. 

April  24,  1912. 


CHAPTER  V 

TURKEY  AND  THE  POWERS  OF  EUROPE 

Turkey  and  the  Public  Law  of  Europe  —  The  Capitulations  —  The 
Treaty  of  Kutschuk-Kainardji  —  The  Holy  Places  —  Russia 
and  the  Orthodox  Church  —  Invasion  of  the  Principalities  — 
Attitude  of  Great  Britain  and  France  —  The  tradition  of  friend- 
ship —  Nicholas  I  :  Lord  Stratford  de  Redcliffe  —  The  Vienna 
Note  —  The  War  of  1853-6  —  Admission  of  Turkey  to  the  Public 
Law  of  Europe  —  Russian  aspirations  towards  Constantinople  — 
Policy  of  Pitt  —  Treaty  of  Tilsit  —  Treaty  of  Bucharest  (1812)  — 
Greek  War  of  Independence  —  Treaty  of  Adrianople  —  Mehemet 
Ali  —  Treaty  of  Unkiar  Skelessi  —  Lord  Palmerston  and  the 
Quadruple  Alliance  —  Convention  of  the  Straits  —  Treaty  of 
Paris  —  Collective  guarantee  to  Turkey  —  Reforms  promised  — 
Closing  of  Straits  —  Neutralization  of  Black  Sea  —  Navigation  of 
the  Danube  —  European  Commission  —  Rou  mania  —  The  Bess- 
arabian  Frontier  —  Serbia  —  The  Aland  Islands  —  Declaration 
of  Paris  respecting  Maritime  Law. 

Texts :  The  Treaty  of  Paris  (1856) — The  Straits  Convention 
(1856)  — The  Declaration  of  Paris  (1856). 

UP  till  the  year  1856  the  Public  Law  of  Europe  had  to 
a  large  extent  consisted  of  the  Acts  of  the  Congress  of 
Vienna  (1814-15)  and  the  treaties  which  were  consequential 
to  it.  But  in  the  Vienna  Settlement  Turkey  had  no  part. 
It  stood  outside  the  Public  Law  of  Europe,  nor  was  it 
recognized  in  any  Concert  of  European  States,  although  it 
had  treaties  with  individual  Governments.  The  Treaty 
of  Paris,  March  30,  1856,  admitted  Turkey  to  the  Public 
Law  of  Europe,  recognized  it  as  a  European  State,  and 
guaranteed  its  position.  This  was  the  result  of  the  war 
between  Russia  on  the  one  part,  and  Turkey,  Great  Britain, 
France,  and  Sardinia,  on  the  other,  popularly  known  in  this 
country  as  the  Crimean  War. 


THE  CAPITULATIONS  159 

Most  of  the  treaties  concluded  by  Turkey  with  individual 
European  States  are  called  Capitulations,  and  referred 
chiefly  to  commercial  privileges,  and  to  extra-territorial 
rights  granted  to  foreigners  resident  in  Turkey.  These 
Capitulations  (which  were  denounced  by  the  Turkish 
Government  on  September  n,  1914)  contained  causes  of 
grave  trouble,  as  they  created  an  imperium  or  rather  a 
series  of  imperia  in  imperio,  and  gave  foreign  Govern- 
ments grounds  for  interfering  in  the  internal  affairs  of  the 
country. 

The  Capitulations  of  1740  with  France  and  the  Treaty 
of  Kutschuk-Kainardji  in  1775  with  Russia  are  good 
instances  of  the  way  in  which  foreign  Governments  acquired, 
or  seemed  to  have  acquired,  the  right  of  interfering  in  the 
internal  affairs  of  Turkey.  The  Capitulations  of  1740  with 
France  confirmed  all  the  existing  rights  and  privileges  of 
the  Latin  Church  in  Palestine.  France  therefore  appeared 
to  be  from  that  time  the  protector  of  the  Latin  Church  in 
the  Turkish  dominions.  In  the  same  way,  the  Russian 
Government  claimed  to  be  the  lawful  protector  of  the 
Greek  Church  in  Turkey.  Article  VII  of  the  Treaty  of 
Kutschuk-Kainardji  (January  10,  1775)  between  Turkey 
and  Russia  is  as  follows  :  '  The  Sublime  Porte  promises  to 
protect  firmly  the  Christian  religion  and  its  churches  ; 
and  also  it  permits  the  Ministers  of  the  Imperial  Court  of 
Russia  to  make  on  all  occasions  representations  in  favour 
both  of  the  new  church  at  Constantinople,  of  which  mention 
is  made  in  Article  XIV,  and  of  those  who  carry  on  its 
service,  promising  to  take  them  into  consideration  as  made 
by  a  person  of  confidence  of  a  neighbouring  and  sincerely 
friendly  power.' 1  Thus  France  and  Russia  both  claimed 
the  right  of  protecting  their  co-religionists  in  Turkey. 

1  Treaty  of  Kutschuk-Kainardji,  January  10,  1775,  in  G.  F.  von 
Martens,  Recueil  de  Traitts  (Gottingen,  1817),  tome  ii,  pp.  287-322. 
Article  XIV  refers  to  the  building  in  the  quarter  of  Galata  of  '  a 
public  church  of  the  Greek  rite,  which  will  always  be  under  the 
protection  of  the  ministers  of  that  Empire  '  (i.e.  of  Russia). 


160         TURKEY  AND  THE  POWERS,  1856 

Disputes  over  these  points  led  to  the  outbreak  of  the 
Crimean  War. 

The  question  of  the  Latin  Church  came  forward  in  1851, 
and  caused  acute  feeling.  The  church  at  Bethlehem,  built 
over  the  place  where  Christ  was  born,  was  in  charge  of  monks 
of  the  Orthodox  or  Greek  Church.  The  Latin  monks  of 
Bethlehem  did  not  claim  the  church  itself,  but  they  claimed 
the  right  of  having  the  key  of  the  chief  door,  and  also  of 
placing  a  silver  star  with  the  arms  of  France  within  the 
sanctuary  of  the  Nativity.  By  the  end  of  the  year  1852, 
Napoleon  III,  who  had  in  the  previous  year  succeeded  in 
making  himself  Emperor  of  the  French,  gained  from  the 
Turkish  Government  recognition  of  the  claims  of  the  Latin 
monks.  The  dispute  about  the  Holy  Places  was  thus 
settled  with  a  victory  for  France. 

The  dispute  about  the  Holy  Places  had  no  direct  bearing 
on  the  Crimean  War,  because  it  was  settled  before  the  war 
was  thought  of.  But  the  triumph  of  France  in  the  dispute 
hurt  the  pride  of  the  Tsar  Nicholas  I,  and  injured  the 
religious  feelings  of  the  Russians,  for  whom  pilgrimages  to 
Palestine  were  a  real  thing.  Nicholas  therefore  put  forward 
the  claims  of  Russia  to  protect  all  the  subjects  of  the  Porte 
who  were  members  of  the  Orthodox,  that  is,  the  Greek 
Church.  The  Turkish  Government  denied  that  any  such 
right  was  conferred  by  the  Treaty  of  Kutschuk-Kainardji. 
The  claim  of  the  Russian  Government  was  indeed  rather 
a  serious  one.  The  Orthodox  subjects  of  the  Porte  num- 
bered millions,  and  formed  really  a  separate  nation  inside 
Turkey.  To  acknowledge  the  Russian  Government  as  the 
protector  of  that  nation  would  be  tantamount  to  giving 
away  a  portion  of  Turkish  sovereignty.  The  mission  of 
Prince  Menshikoff  to  Constantinople  in  1853  had  no  effect 
upon  the  Turks,  who  were  kept  firm  in  their  attitude  by 
the  great  English  ambassador,  Lord  Stratford  de  Redcliffe. 
A  conflict  of  wills  was  thus  set  up  between  the  Russian 
and  Turkish  Governments.  As  Nicholas  could  not  by 


GREAT  BRITAIN  AND  FRANCE  161 

diplomatic  means  impose  his  will  on  the  Porte,  he  resolved 
to  do  so  by  war.  On  June  22,  1853,  his  army  crossed  the 
Pruth  and  proceeded  to  occupy  the  dependent  Danubian 
principalities  of  Turkey,  Moldavia  and  Wallachia. 

The  war  had  thus  begun  over  a  dispute  between  Russia 
and  Turkey  concerning  the  question  of  a  protectorate  for 
the  Greek  Church.  But  the  Governments  of  Great  Britain 
and  France  felt  that  something  more  was  involved,  namely, 
the  existence  of  Turkey  in  Europe.  Great  Britain  and 
France  therefore,,  to  prevent  the  destruction  of  European 
Turkey,  directed  their  efforts  first  to  stop  the  war  and  to 
settle  the  dispute  by  diplomacy ;  failing  in  this,  to  save 
Turkey  by  taking  part  in  the  war.  Great  Britain  and 
France  by  the  Crimean  War  saved  Turkey  in  Europe  :  it 
is  just  possible,  however,  that  if  they  had  persisted  a  little 
longer  in  their  diplomatic  efforts,  as  Lord  Stratford  wished 
them  to  do,  they  might  have  saved  it  without  taking  part 
in  the  war. 

That  Great  Britain  should  take  an  active  interest  in  the 
question,  diplomatically  or  otherwise,  was  unavoidable. 
We  had  at  that  time  a  traditional  policy,  deliberately 
founded  upon  reason  and  experience,  of  supporting  Turkey, 
and  of  opposing  Russian  designs  upon  Constantinople. 
The  forces  of  Islam  are  widespread,  profound,  and  incalcul- 
able. It  was  considered  safer  for  us  to  keep  those  forces 
in  comparative  quiet  than  to  excite  them  indefinitely  by 
hostility  to  the  Turks.  But  we  could  not  remain  friendly 
with  the  Turks  without  supporting  their  position  in  Europe, 
to  which  both  they  and  all  the  Mohammedan  world  attached 
the  greatest  value.  The  aims  of  the  Russians  were  incom- 
patible with  the  existence  of  Turkey  in  Europe.  The 
historic  movements  of  that  great  people  have  been  to- 
wards the  seas,  the  Baltic,  the  Black  Sea,  the  Mediter- 
ranean, the  Pacific.  Constantinople,  the  gate  of  the  Black 
Sea  and  the  Mediterranean,  the  capital  of  the  ancient 
Byzantine  Empire,  the  great  city  of  the  Orthodox 


1903 


M 


i62          TURKEY  AND  THE  POWERS,  1856 

Church,  was  a  natural  and  reasonable  object  of  Russian 
aspirations. 

The  Turks  by  themselves  were  not  strong  enough  to 
maintain  their  hold  upon  Constantinople.  '  The  Sick  Man  ' 
was  Nicholas  I's  term  for  Turkey ;  the  Ottoman  Empire 
had  in  his  time  all  the  appearances  of  a  State  on  the  verge 
of  disruption,  and  Nicholas  was  anxious  that  a  reasonable 
scheme  should  be  proposed  by  the  Powers  for  meeting 
this  result.  ' I  repeat  to  you  ',  he  said  to  our  ambassador 
Hamilton  Seymour  at  Petrograd  in  February  1852,  '  that 
the  sick  man  is  dying,  and  we  can  never  allow  such  an 
event  to  take  us  by  surprise.  We  must  come  to  some 
understanding.' x  Great  Britain  refused  to  come  to  any 
such  understanding.  Lord  Stratford  de  Redcliffe  firmly 
believed  that  Turkey  had  within  it  the  possibilities  of 
reform,  of  becoming  a  self-respecting  and  efficient  State. 
France,  too,  supported  Turkey,  for  she  had  great  interests 
in  the  Mediterranean,  and  Napoleon  III  had  a  vigorous 
foreign  policy. 

The  Powers  acting  in  concert  tried  to  settle  the  dispute 
between  Russia  and  Turkey  by  diplomatic  means.  Together 
the  Governments  of  Great  Britain,  France,  Austria,  and 
Prussia,  in  August  1853  presented  to  Turkey  the  '  Vienna 
Note ',  which  they  had  drawn  up.  The  Porte  rejected  the 
Note  as  it  seemed,  according  to  its  wording,  to  imply  the 
existence  of  a  Russian  protectorate  over  the  Greek  Church. 
Accordingly  it  was  sent  back  to  be  re-drafted.  But  a  com- 
bination of  circumstances  precipitated  war,  before  a  new 
Note  could  be  drawn  up.  While,  at  Constantinople,  Lord 
Stratford  de  Redcliffe  was  working  for  a  peaceful  issue, 
there  was  a  war-fever  among  the  Turks  themselves. 
Napoleon  III,  acting  on  reports  from  the  French  Ambas- 
sador, began  to  fear  that  delay  might  cause  the  dissolution 
of  the  Turkish  Empire.  In  England,  Lord  Aberdeen's 
Government  came  quickly  to  the  same  view.  On  Sep- 
1  Quoted  by  Kinglake,  Invasion  oj  the  Crimea,  vol.  i,  p.  88. 


TREATY  OF  PARIS,  1856  163 

tember  23,  1853,  the  order  was  sent  to  the  British  Fleet 
to  pass  the  Dardanelles.  The  passage  was  made  on 
October  14,  the  Porte  having  ten  days  previously  declared 
a  formal  state  of  war  against  Russia.1 

The  long  and  costly  war  in  the  end  accomplished  its 
objects  for  the  Allies.  The  Russian  invasion  across  the 
Danube  was  foiled  by  the  heroic  defence  of  Silistria,  and 
Nicholas  even  had  to  evacuate  the  Principalities.  The 
evacuation  of  the  Principalities  practically  involved,  for 
the  time  being  at  any  rate,  the  abandonment  of  the  Russian 
claim  to  a  protectorate  over  the  Greek  Church  in  Turkey. 
Thus  the  dispute  over  which  the  war  had  begun  was  so  far 
settled.  But  the  Allied  Powers  resolved  to  go  further, 
and,  by  destroying  Russia's  naval  base  on  the  Black  Sea,  to 
prevent  at  any  rate  for  a  considerable  period  the  advance 
of  Russian  power  to  Constantinople.  The  siege  and 
capture  of  Sebastopol  accomplished  this  object,  and  left, 
for  the  time  being,  no  further  cause  for  war.  When  the 
invasion  of  the  Crimea  was  thus  crowned  with  success, 
a  meeting  of  the  Concert  of  Europe  took  place  at  Paris, 
and  the  Treaty  of  1856  was  concluded. 

The  outstanding  points  in  the  Treaty  of  Paris,  March  30, 
1856,  are  that  it  admitted  Turkey  to  a  place  in  the  Public 
Law  of  Europe,  and  guaranteed  its  integrity.  Turkey 
was  therefore  no  longer  outside  the  pale ;  the  tradition 
which  had  come  down  from  the  time  of  the  Crusades,  that 
the  Turks  were  the  enemies  of  Europe  and  of  civilization, 
was  abandoned.  Turkey  was  henceforth  to  be  a  member 
of  the  European  States-System,  and  to  be  treated  as 
a  civilized  community. 

The  Treaty  of  Paris  was  thus  a  definite  denial  to  the 
aspirations  of  Russia.  That  mighty  Empire,  despite  its 
vast  territory,  its  natural  resources,  its  industrious  people, 

1  The  Declaration  of  War  by  Turkey  is  a  very  interesting  and 
clear  account  of  the  causes  of  the  War.  It  is  given  in  full  in  Hertslet, 
vol.  ii,  No.  234. 

M  2 


164    TURKEY  AND  THE  POWERS,  1856 

has  always  suffered  from  being  land-locked.  Always  trying, 
it  has  never  completely  succeeded  in  getting  room  and  free- 
play  upon  the  oceans  of  the  world.  Every  inch  of  its 
seaboard  has  had  to  be  wrested  from  an  alien  Power. 
Every  crisis  in  modern  European  history  has  shown  Russia 
faced  with  the  prospect  of  blockade  by  its  neighbours. 
Against  such  a  contingency,  the  possession  of  Constanti- 
nople would  have  at  least  partially  provided.  The  Turks, 
however,  have  been  in  possession  since  1453.  By  admitting 
them  to  the  privileges  of  the  Public  Law  of  Europe,  the 
Treaty  of  Paris  recognized  them  as  a  civilized  and  respect- 
able State,  and  if  by  her  subsequent  conduct  in  the 
community  of  European  States,  Turkey  should  justify  her 
position  there,  neither  Russia  nor  any  other  Power  would 
have  a  moral  right  to  expropriate  her. 

This  rise  of  Turkey  to  membership  among  the  States  of 
Europe  was  due  in  great  part  to  the  friendship  which 
Great  Britain  had  maintained  with  her  since  1790.  By 
that  year  the  Russian  trend  towards  Constantinople  was 
becoming  swift  and  unerring.  The  Empress  Catherine'  II 
was  carrying  out  a  successful  war  of  annexation.  In  vain 
did  Great  Britain  and  Prussia,  who  with  Holland  had 
formed  a  famous  Triple  Alliance  in  1788,  threaten  war 
and  prepare  their  forces.  The  ultimatum  which  the  allied 
Powers  sent  to  Petrograd  in  1791  was  never  presented, 
and  next  year  Catherine  concluded  the  Peace  of  Jassy,  in 
the  modern  Rouma,nia  (January  9,  1792),  and  the  port  of 
Oczakov  passed  under  the  dominion  of  Russia.  Oczakov 
itself  was  of  little  value  as  a  port,  but  two  years  later 
Odessa  was  founded  near  by,  and  rapidly  became  a  great 
city,  equally  important  for  war  and  for  commerce.  Pitt's 
policy  had  failed  for  the  moment,  but  it  was  not  abandoned. 
Great  Britain  continued  steadily  to  support  the  Turks,  and 
their  alliance  helped  to  preserve  the  British  Empire  during 
the  Napoleonic  Wars. 

In  1807  (July  7)  Napoleon  and  Alexander  I  made  peace 


TREATY  OF  BUCHAREST,  1812  165 

at  Tilsit  in  East  Prussia,  after  the  Russians  had  been 
soundly  beaten  at  the  battle  of  Friedland.  The  two  Powers 
became  Allies ;  Secret  Articles  provided  that  Russia  was 
to  aid  Napoleon  in  his  conflict  with  England,  France  was 
to  help  Russia  in  her  designs  upon  Turkey.  A  partition 
of  the  Ottoman  Empire  in  Europe  was  contemplated.  The 
English  Foreign  Minister  Canning  obtained  almost  immedi- 
ately information  about  the  understanding  which  Napoleon 
and  the  Tsar  had  come  to.  From  this  time  the  policy  of 
the  British  Government  with  regard  to  Russia,  in  every- 
thing which  related  to  Turkey,  became  fixed. 

The  expansion  of  Russia  towards  Constantinople  was 
steadily  pursued.  In  1809-10  a  fresh  campaign  was  under- 
taken, and  went  favourably  for  Russia.  But  the  rupture 
between  Alexander  and  Napoleon  made  it  necessary  for 
the  Tsar  to  free  his  hands  with  regard  to  Turkey.  So  on 
May  28,  1812,  the  Treaty  of  Bucharest *  was  signed. 
Russia  gained  lands  east  of  the  Pruth,  and  Serbian  auto- 
nomy was  recognized  by  Turkey. 

On  the  whole,  the  cataclysms  of  the  Napoleonic  period 
left  the  Turkish  Empire  comparatively  unscathed.  The 
Greek  War  of  Independence  (1821-9)  was  *°  leave  a  deeper 
mark.  The  mediation  offered  by  Great  Britain,  France, 
and  Russia  was  rejected  by  the  Turks  ;  and  after  the 
battle  of  Navarino,  Russia  declared  war.  The  campaigns  of 
1828-9  closed  with  the  Treaty  of  Adrianople  (September  14, 
1829).  Russia  had  occupied  the  Danubian  principalities 
of  Wallachia  and  Moldavia,  but  she  now  evacuated  them, 
stipulating,  however,  for  their  continued  autonomy  under 
the  Porte  with  renewed  and  increased  privileges.  The 
Pruth  was  restored  as  the  boundary  in  Europe  between  the 
Russian  and  Ottoman  Empires.  Turkey  agreed  that  there 
should  be  freedom  of  trade  and  navigation  in  the  Black 
Sea,  and  declared  the  Bosphorus  and  Dardanelles  open  to 

1  Confirmed  and  explained  by  the  Treaty  of  Akerman,  Sep- 
tember 25,  1826  (Martens,  vol.  xvii,  p.  1053). 


166         TURKEY  AND  THE  POWERS,  1856 

alJ  Russian  merchant-vessels,  and  to  the  merchant-ships 
of  all  other  Powers  with  whom  the  Porte  was  at  peace. 

In  1829,  at  the  Peace  of  Adrianople,  Russia  had  behaved 
with  great  moderation  towards  Turkey.  Nicholas  I  was 
at  this  period  aiming  not  at  annexation,  but  at  influence. 
Turkish  power  was  declining  :  the  Powers  of  Europe  would 
not  tolerate  her  absorption  by  Russia,  but  if  Russia  peace- 
fully became  the  friend  and  protector  of  Turkey,  they 
might  not  be  able  to  gainsay  such  a  position.  In  1833 
Russia  achieved  this  position,  and  without  violence  became 
for  a  short  time  supreme  at  Constantinople. 

The  Pasha  of  Egypt,  Mehemet  Ali,  the  founder  of  the 
present  dynasty  there,  was  too  great  a  subject  for  his 
master  the  Sultan.  In  1832  there  was  open  war  between 
the  two  :  the  organized  and  disciplined  army  of  Mehemet 
Ali,  under  his  son  Ibrahim,  drove  the  Sultan's  army  out 
of  Syria,  invaded  Asia  Minor,  and  having  destroyed  the 
Turkish  Army  at  Konieh  (December  21),  opened  the  road 
to  the  Bosphorus.  At  last  the  Turkish  Empire  seemed 
definitely  faced  with  destruction,  not  from  without  but 
from  within.  At  this  point,  Tsar  Nicholas  I  offered  his 
alliance  and  saved  the  Porte  from  Mehemet  Ali.  A  Russian 
squadron  was  admitted  to  the  Bosphorus,  Russian  soldiers 
were  sent  to  join  with  the  Turkish  forces.  A  defensive 
alliance  was  concluded  by  the  Treaty  of  Unkiar  Skelessi, 
July  8,  I833,1  and  Russia  became  the  paramount  power 
at  Constantinople. 

Article  I  of  this  remarkable  treaty  enacted  a  defensive 
alliance  between  Russia  and  Turkey.  Article  III  enacted 
that  in  order  to  maintain  the  independence  of  Turkey,  the 
Tsar  would  furnish,  when  called  upon,  the  forces  necessary 
by  land  and  sea  to  secure  this  object.  A  secret  article  in 
conclusion  was  the  most  momentous  of  all :  it  provided 
that,  although  the  treaty  was  one  for  mutual  defence,  yet 
in  order  to  spare  Turkey  the  expense  of  providing  troops 
1  Hcrtslct,  vol.  ii,  No.  168. 


LORD  PALMERSTON  167 

for  Russia,  the  Tsar  'will  not  ask  for  that  aid  if  circum- 
stances should  place  the  Sublime  Porte  under  the  obligation 
of  furnishing  it '.  Instead,  '  the  Sublime  Ottoman  Porte, 
in  place  of  the  aid  which  it  is  bound  to  furnish  in  case  of 
need,  according  to  the  principle  of  reciprocity  of  the  Patent 
Treaty,  shall  confine  its  action  in  favour  of  the  Imperial 
Court  of  Russia  to  closing  the  Strait  of  the  Dardanelles, 
that  is  to  say,  to  not  allowing  any  Foreign  Vessels  of  War ' 
to  enter  therein  under  any  pretext  whatsoever  '.  This 
simply  meant  that  if  Russia  was  at  war  with  any  of  the 
European  Powers,  the  Dardanelles  would  be  closed  to  all 
their  war-ships,  but  that  the  Russian  Fleet  could  pass 
freely  to  and  from  the  Mediterranean.  The  straits  into  the 
Black  Sea  were  to  be  just '  a  Russian  fortified  post  '>  The 
Treaty  was  to  be  in  the  first  instance  for  eight  years  only. 

The  Powers  of  Europe  were  too  vigilant  to  allow  Russia 
thus  to  have  all  her  own  way  with  Turkey  in  Europe. 
Lord  Palmerston,  who  for  so  long  guided  the  foreign  affairs 
of  England,  saw  the  trend  of  Russian  policy  distinctly. 
When  the  next  crisis  occurred  in  the  Turkish  Empire,  he 
arranged  a  joint  intervention  of  the  Powers  of  Europe, 
and  the  Treaty  of  Unkiar  Skelessi  was  never  put  in  force. 

The  crisis  came  in  1839,  when  Sultan  Mahmud  sent  his 
army  into  Syria  to  regain  it  from  the  power  of  Mehemet 
Ali.  At  Nisib  Mahmud's  troops  were  scattered  to  the 
winds  by  Mehemet 's  son  Ibrahim.  Now  was  the  time 
when  Russia  might  have  stepped  in  to  protect  Turkey, 
whose  independence  was  actually  threatened  by  Mehemet 
Ali.  Lord  Palmerston,  however,  intimated  that  the 
affairs  of  Turkey  were  now  the  concern  of  Europe,  not 
a  private  matter  between  the  Porte  and  the  Tsar.  On 
July  15,  i8402  a  quadruple  alliance  was  entered  into 

1  Fyffe,  Modern  Europe,  p.  663  (ed.  1895). 

2  Convention  between  Great  Britain,  Austria,  Prussia  and  Russia, 
and  Turkey,  for  the  Pacification  of  the  Levant  (London),  July  15, 
1840;  Hcrtslet,  vol.  ii,  No.  190. 


i63          TURKEY  AND  THE  POWERS,  1856 

between  Great  Britain,  Russia,  Prussia,  and  Austria.  France 
sympathized  too  much  with  Mehemet  Ali  to  act  with  the 
Concert  at  this  moment,  and  a  war  between  her  and  Prussia 
all  but  broke  out  then.1  By  the  end  of  the  year  1840,  the 
power  of  Mehemet  Ali  had  been  destroyed  in  Syria,  and 
the  British  Admiral,  Sir  Charles  Napier,  dictated  terms  to 
him  at  Alexandria.  The  terms  were  put  into  effect  by 
the  Sultan,  who  issued  an  Imperial  Firman  or  decree  on 
February  12, 1841,  granting  to  Mehemet  Ali  the  hereditary 
Pashalik  of  Egypt. 

Great  Britain,  Austria,  Prussia,  and  Russia  thus  acting 
in  concert  had  freed  the  Sultan  from  his  difficulties.  They 
therefore  took  the  opportunity  of  settling  the  question  of 
the  Bosphorus  and  Dardanelles.  France  was  glad  to  re- 
enter  the  concert.  Russia  made  no  attempt  to  renew  the 
Treaty  of  Unkiar  Skelessi ;  she  no  longer  expected  by 
agreement  with  Turkey  to  control  the  Dardanelles  as  an 
advanced  fortified  post.  Instead  the  ancient  custom  of 
the  Ottoman  Empire  was  revived  by  a  Convention  of  the 
Five  Powers  and  Turkey.  The  Bosphorus  and  Dardanelles 
were  to  be  closed  to  foreign  ships  of  war  when  the  Porte 
was  at  peace  :  '  so  long  as  the  Porte  is  at  peace,  His  High- 
ness will  admit  no  Foreign  Ship  of  War  into  the  said 
Straits.'  2  When  the  Crimean  War  broke  out,  the  Porte 
opened  the  Straits  to  the  fleets  of  Great  Britain  and  France. 
When  the  war  was  concluded,  the  Treaty  of  Paris  re-enacted 
the  rule  by  which  the  Straits  were  to  be  closed  to  foreign 
ships  of  war  when  the  Porte  was  at  peace.  Other  matters 
of  the  greatest  importance  for  future  history  were  dealt 
with  by  the  same  treaty. 

1  It  was  in  this  year,  and  in  consequence  of  the  threat  of  war, 
that  '  Die  Wacht  am  Rhein  '  was  written  by  Max  Schneckenburger, 
a  native  of  Thalheim,  in  Wurtemberg  (1819-49).  The  music  was 
composed  in  1854. 

*  Convention  between  Great  Britain,  Austria,  France,  Prussia, 
Russia,  and  Turkey  respecting  the  Straits  of  the  Dardanelles  and 
the  Bosphorus  (London),  July  13,  1841  ;  Hertslet,  vol.  ii,  No.  193. 


GUARANTEE  TO  TURKEY  169 

The  preamble  of  the  Treaty  of  Paris,  which  included 
Sardinia,  represented  by  Cavour,  as  one  of  the  powers  of 
Europe,  declared  that  the  independence  and  integrity  of 
the  Ottoman  Empire  are  necessary  for  the  peace  of  Europe. 
This  rule  was  converted  into  a  collective1  guarantee  in 
Article  VII,  a  most  important  article,  which  also  declared 
Turkey  to  be  admitted  into  the  Public  Law  and  System 
of  Europe.  It  was  understood,  of  course,  that  while  thus 
recognized  and  guaranteed  as  a  European  State,  Turkey 
must  behave  as  such.  Accordingly  Article  IX  put  on  record 
the  Sultan's  '  generous  intentions  towards  the  Christian 
population  of  his  Empire  ',  and  referred  to  a  Firman  issued 
on  February  18,  1856,  in  which  the  Sultan  had  promised 
a  series  of  excellent  reforms.  These  reforms  included  '  to 
each  sect,  whatever  the  number  of  its  adherents,  entire 
Freedom  in  the  exercise  of  its  Religion '.  All  Turkish 
subjects  were  made  admissible,  without  distinction  of 
nationality,  to  public  employments.  Taxes  were  to  be 
equal  for  all  communities,  and  the  system  of  direct  collec- 
tion was  gradually  to  be  substituted  for  the  method  of 
fanning  the  revenues.2  All  these  reforms  promised  by  the 
Sultan,  according  to  Article  IX  of  the  Treaty  of  Paris, 
emanated  '  spontaneously  from  his  Sovereign  will '.  But 
although  the  Treaty  put  on  record  the  Sultan's  '  generous 
intentions  towards  the  Christian  population  of  his  Empire  ', 

1  For  the  difference  between  a  collective  and  an  individual  guar- 
antee, see  Mowat,  Select  Treaties,  pp.  xix— xx  and  xxxvi.  The 
following  is  the  French  text  of  Article  VII  of  the  treaty  (State  Papers, 
vol.  xlvi,  p.  12)  : 

'  VII.  Sa  Majeste  la  Reinedu  Royau me  Unide la  Grande  Bretagneet 
d'Irlande,  Sa  Majeste  1'Empereur  d'Autriche,  Sa  Majeste  1'Empereur 
des  Francais,  Sa  Majeste  le  Roi  de  Prusse,  Sa  Majeste  1'Empereur 
de  toutes  les  Russies,  et  Sa  Majeste  le  Roi  de  Sardaigne,  declarent 
la  Sublime  Porte  admise  £  participer  aux  avantages  du  droit  public 
et  du  concert  Europeens.  Leurs  Majestes  s'engagent,  chacune  de 
son  cote,  a  respecter  1'independance  et  I'integrite  territoriale  de 
1' Empire  Ottoman  :  garantissent  en  commun  la  stricte  observation 
de  cet  engagement :  et  considereront,  en  consequence,  tout  acte  de 
nature  a  y  porter  atteinte  comme  une  question  d'interSt  general.' 

*  Text  in  Hertslet,  vol.  ii,  No.  263. 


i;o         TURKEY  AND  THE  POWERS,  1856 

it  definitely  excluded  any  of  the  signatory  Powers  from 
claiming  any  right,  as  Russia  had  done,  to  interfere  in  the 
relations  between  the  Sultan  and  his  subjects  (Article  IX).1 

Article  X  enacted  the  principle,  already  laid  down  in  the 
preamble,  that  the  Dardanelles  and  Bosphorus  should  be 
kept  closed  to  foreign  ships  of  war  when  the  Porte  was  at 
peace.  This  was  not  an  unfair  principle,  for  if  it  prevented 
Russia  from  sending  her  ships  through  the  Dardanelles  to 
the  Mediterranean,  it  also  prevented  other  Powers  from 
having  war-ships  in  the  Black  Sea.  It  has  not  proved 
injurious  to  Russia's  interests,  as  her  ships  have  been  able 
to  appear  in  the  Mediterranean,  having  come  from  the 
Baltic.  It  was  from  the  Baltic  that  Admiral  Rojdes- 
vensky's  fleet  sailed  in  October  1904  to  the  Sea  of  Japan. 
The  interdiction  of  war-ships  in  the  Black  Sea  almost 
necessarily  implied  the  prohibition  of  military  and  naval 
arsenals  there,  as  was  enacted  in  Article  XIII.2  The 
invasion  of  the  Crimea  by  Great  Britain  and  France  in 
1854  had  been  directed  to  this  end.  While  the  Black  Sea 
was  being  neutralized,  the  Treaty  of  Paris  also  secured  that 
it  should  be  open  to  the  mercantile  marine  of  every  nation 
(Articles  XI,  XII).  A  Convention  of  the  same  date  between 
Russia  and  Turkey  (referred  to  in  Article  XIV)  provided 
that  it  should  be  open  to  each  of  the  two  Powers  to  keep 
in  the  Black  Sea  ten  light  steamships  for  police  purposes. 
This  Convention  was  not  to  be  annulled  or  modified  with- 
out the  consent  of  the  seven  Powers  signing  the  Treaty  of 
Paris  (Article  XIV). 

The  Powers  also  took  the  opportunity  offered  by  the 
Congress  of  Paris,  of  regulating  by  international  agree- 
ment the  navigation  of  the  Danube.  This  great  historic 

1  It  was  announced  in  the  European  press  on  January  3,  1917, 
that  the  Porte  no  longer  considered  itself  bound  by  the  Treaties  of 
Paris  and  Berlin,  1856  and  1878,  and  that  it  claimed  accordingly 
complete  independence  as  a  Power. 

2  The  Black  Sea  ceased  to  be  neutralized  in  1 87 1 ;   see  below, 
pp.  3i2ff.    See  also  p.  ii. 


NAVIGATION  OF  THE  DANUBE  171 

river  was  for  centuries  the  highway  of  migratory  nations, 
who  have  occupied  different  sections  of  its  basin.  The 
political  difficulties  in  the  way  of  its  free  navigation  were 
numerous  enough,  but  the  physical  difficulties  were  even 
greater.  Yet  as  various  States  controlled  parts  of  the 
river,  only  by  international  agreement  could  any  plan  of 
common  improvement  be  provided. 

Article  XV  of  the  Treaty  of  Paris  enacted  the  principle 
contained  in  the  General  Act  of  the  Congress  of  Vienna 
(Articles  CVIII-CXVII),  respecting  the  navigation  of  rivers 
which  separate  or  traverse  different  States.  No  toll  was 
to  be  charged  for  right  of  way,  nor  any  duty  for  goods  on 
board  the  vessels.  The  principle  of  free  navigation  was  to 
form  part  of  the  Public  Law  of  Europe,  and  to  be  guaranteed 
by  the  signatory  Powers.  In  order  that  the  necessary 
improvements  might  be  made  to  the  mouths,  a  European 
Commission  of  representatives  of  the  seven  signing  Powers 
was  established  by  Article  XVI.  The  Commission  was  to 
deal  with  the  river  below  Isatcha,  about  sixty  miles  as  the 
crow  flies  from  the  coast.  To  pay  for  the  improvements, 
the  Commission  was  given  power  to  levy  tolls  for  navigation 
over  the  course  of  the  river  under  its  control. 

In  addition  to  the  European  Commission,  for  the  improve- 
ment of  the  mouths  of  the  Danube,  there  was  to  be  a  River 
Commission  consisting  of  representatives  only  of  those 
Powers  by  or  between  whose  territories  the  Danube 
actually  flowed.  These  Powers  were  Turkey,  Austria- 
Hungary,  Bavaria,  and  at  the  head  of  the  Danube,  Wur- . 
temberg.  The  three  Danubian  Principalities — Wallachia, 
Moldavia,  and  Serbia — were  still  subject  to  Turkey,  but 
were  to  be  represented  separately  on  the  River  Com- 
mission. This  Commission  was  to  make  all  necessary 
improvements  above  Isatcha,  and  any  political  arrange- 
ments necessary  for  the  free  navigation  of  the  river,  and 
was  to  prepare  regulations  for  properly  policing  it,  and 
controlling  the  navigation.  It  was  expected  (Article  XVIII) 


i;2          TURKEY  AND  THE  POWERS,  1856 

that  the  improvements  would  be  completed  within  two 
years.  At  the  end  of  this  time  accordingly,  the  European 
Commission  of  the  seven  signatory  Powers  was  to  be  dis- 
solved, and  the  River  Commission  was  thenceforward  to 
have  control  of  the  whole  of  the  Danube,  both  below  and 
above  Isatcha.  As  a  matter  of  fact  the  improvements 
occupied  many  more  years,  and  the  River  Commission 
never  came  into  existence.  Instead,  the  European  Com- 
mission has  continued  to  the  present  time.  Its  head- 
quarters-are at  Sulina.  The  Commission's  powers  have 
been  gradually  extended  upwards  from  Isatcha  to  Braila, 
an  additional  thirty-seven  miles,  which  is  as  far  as  large  sea- 
going ships  can  proceed  up  the  river.  Beyond  this  point 
the  States  which  possess  the  banks  have  made  themselves 
responsible  for  effecting  the  necessary  improvements. 

Articles  XX  to  XXX  refer  to  the  three  Principalities 
of  Moldavia,  Wallachia,  and  Serbia,  of  which  the  first 
two  became  the  flourishing  and  progressive  Kingdom  of 
Roumania.  The  Principalities  of  Moldavia  and  Wallachia, 
although  often  treated  in  an  arbitrary  manner,  had  yet 
always  enjoyed  a  considerable  amount  of  autonomy  under 
Turkish  rule.  Since  early  in  the  eighteenth  century  they 
had  been  governed  by  '  Phanariot '  Greek  Hospodars.1 
In  1775,  by  the  Treaty  of  Kutschuk-Kainardji,  Russia 
had  put  them  under  her  protection.  It  was  during 
the  war — Austria  and  Russia  against  Turkey — which  pre- 
ceded this  treaty  that  the  province  known  as  Bukovina 
was  taken  from  Moldavia  by  the  Austrians.  During  the 
period  following  the  Treaty  of  Kutschuk-Kainardji  the 
Russian  Government,  which  under  Article  XVI  had  the 
right  to  make  representations  to  the  Porte  in  the  interests 
of  the  Principalities,  did  much  to  secure  tolerable  treat- 
ment for  the  Moldavians  and  Wallachians.  During  the 
Napoleonic  period  there  was  another  Russo-Turkish  War, 
concluded  by  the  Treaty  of  Bucharest  in  1812.  In  this 
1  See  p.  102. 


THE  BESSARABIAN  FRONTIER  173 

war  the  Russian  Army  had  occupied  the  two  Principalities. 
They  were  now  restored  to  Turkey,  with  the  exception  of 
that  portion  of  Moldavia  which  lay  between  the  Pruth 
and  the  Dniester.  This  portion,  which  is  called  Bessarabia, 
was  annexed  by  Russia.  By  the  Treaties  of  Akerman  in 
1826  and  of  Adrianople  in  1829  Russia  induced  Turkey  to 
confirm  and  extend  the  privileges  of  the  two  Principalities. 
On  the  other  hand  Russia  annexed  the  mouths  of  the 
Danube.  When  the  war  between  Russia  and  Turkey 
broke  out  in  1853,  Moldavia  and  Wallachia  were  occupied 
by  the  Tsar's  troops,  but  when  the  Danubian  campaign 
failed  the  Russians  withdrew  and  the  Principalities  were 
occupied  by  the  Austrians.1  At  this  point  we  come  to  the 
Treaty  of  Paris  of  1856,  a  great  landmark  in  the  history 
of  the  Principalities. 

In  the  first  place,  Articles  XX  and  XXI  of  the  Treaty  of 
Paris  pushed  back  the  Russian  frontier  of  Bessarabia,  so 
that  Moldavia  once  more  possessed  the  mouths  of  the 
Danube  and  a  considerable  tract  to  the  east  of  the  River 
Pruth.  Secondly,  the  privileges  of  the  two  Principalities 
were  confirmed,  and  guaranteed  by  all  the  contracting 
States,  so  that  Russia  had  no  longer  any  special  position 
as  protecting  Power  (Article  XXII).  Articles  XXIII  to 
XXVIII  referred  to  plans  for  securing  and  consolidating 
the  administration  of  the  two  Principalities.  An  Inter- 
national Commission  was  to  consider  schemes  of  reform, 
and  representative  councils  or  divans  were  to  be  convoked 
in  Moldavia  and  Wallachia,  '  to  express  the  wishes  of  the 
people  in  regard  to  the  definitive  organization  of  the 
Principalities  '.  The  result  of  these  conditions,  which  were 
carried  into  effect  in  1857,  was  that  the  representative 
councils  in  September  of  that  year  voted  that  the  two 
Principalities  (still  under  the  suzerainty  of  Turkey)  should 
no  longer  be  administered  separately,  but  as  one  State, 

1  The  occupation  of  the  two  Principalities  by  Austrian  troops  is 
referred  to  in  Article  XXXI  of  the  Treaty  of  Paris,  March  30,  1856. 


174         TURKEY  AND  THE  POWERS,  1856 

under  the  common  name  of  Roumania.  At  this  point  the 
history  of  the  single  State  Roumania  begins. 

The  union  of  Moldavia  and  Wallachia  was  not  accepted 
at  once  by  the  Powers  and  Turkey.  The  two  Principalities 
were  left  with  separate  national  assemblies.  But  each 
assembly  (January  1859)  unanimously  elected  the  same 
man  for  Governor,  Prince  Alexander  Couza,  belonging  to 
an  ancient  boiar  or  noble  family  of  Moldavia.  This  union 
was  still  forbidden  by  the  Powers  and  Turkey,  but  the 
national  demand  in  Roumania  was  strong  and  persistent, 
and  was  finally  recognized  by  the  Powers  and  the  Porte 
in  1861. 

Articles  XXVIII  and  XXIX  confirmed  the  privileges  of 
Serbia.  This  country,  the  third  of  the  Danubian  Princi- 
palities, had  gained  its  autonomy  by  revolts  against  the 
Porte  between  1804  and  1817,  during  which  the  Serbs 
were  naturally  much  helped  by  the  Russo-Turkish  War  of 
1806-12.  The  Treaties  of  Bucharest  (May  16,  1812),  of 
Akerman  (October  7,  1826),  of  Adrianople  (September  14, 
1829),  all  between  Russia  and  Turkey,  secured  to  Serbia 
— somewhat  vaguely — her  privileges  as  a  subject  and 
tributary  nation.  These  privileges,  however,  were  defined 
by  the  Imperial  decrees  referred  to  in  Article  XXVIII 
of  the  Treaty  of  Paris,  and  gave  Serbia  a  considerable 
degree  of  autonomy  under  the  national  Prince  Milosh 
Obrenovitch. 

Article  XXXIII  is  a  very  important  one,  prohibiting 
the  fortifying  of  the  Aland  Islands  by  Russia,  a  provision 
strengthened  by  a  separate  Convention  between  Great 
Britain,  France,  and  Russia  of  the  same  date.  The  Aland 
Islands  lie  at  the  entrance  of  the  Gulf  of  Bothnia,  and 
command  the  great  Swedish  port  and  capital  city  of 
Stockholm.  They  had  been  ceded  with  Finland  to  Russia 
at  the  Treaty  of  Friedrichshamm  (September  5,  1809). 
The  Swedes  were  naturally  desirous  that  the  islands  which 
so  menaced  their  trade  and  national  defence  should  not 


MARITIME  LAW  175 

be  fortified,  and  the  British  Government  was  generally 
sympathetic  with  them.  But  it  was  not  till  the  Crimean 
War,  when  an  Anglo-French  fleet  entered  the  Baltic,  that 
the  Powers  showed  their  determination  to  satisfy  the 
wishes  of  the  Swedes.  Article  XXXIII  of  the  Treaty  of 
Paris  and  the  Aland  Convention  were  the  result.  The 
Russian  Government  has  always  felt  this  restriction  upon 
their  right  to  fortify  their  own  possessions  as  somewhat 
galling  and  humiliating,  but  the  Convention  has  never 
been  abrogated. 

Finally,  it  should  be  noticed  that  the  Powers  assembled 
in  Congress  at  Paris,  while  making  the  general  settlement 
required  by  the  Crimean  War,  took  the  opportunity  to 
make  a  Declaration  respecting  Maritime  Law  in  time  of 
war.  This  momentous  Declaration,  which  has  never  been 
denounced,  is  a  masterpiece  of  brevity  and  clearness,  and 
its  effect  on  International  Law  cannot  be  over-estimated. 

The  Declaration  of  Paris  respecting  Maritime  Law  was 
acceded  to  by  most  of  the  Maritime  Powers.1 

It  was  not  formally  acceded  to  by  the  United  States, 
because  that  Government  wished  to  add  to  it  a  stipulation 
for  the  non-liability  of  private  property  to  capture  at  sea. 
As  this  did  not  form  a  part  of  the  Declaration  as  signed, 
the  conditional  acceptance  of  the  Declaration  could  not 
be  regarded  as  an  absolute  accession  to  that  agreement. 

On  the  outbreak  of  war  between  the  United  States  and 
Spain  in  1898,  however,  the  President  of  the  United  States 
issued  a  Proclamation,2  in  which  he  stated  that  it  had 
already  been  announced  that  the  policy  of  his  Government 
would  be  not  to  resort  to  privateering,  but  to  adhere  to 
the  rules  of  the  Declaration  of  Paris ;  and  the  Proclama- 
tion went  on  to  declare  that : 

i.  The  neutral  flag  covers  enemies'  goods,  with  the 
exception  of  contraband  of  war.  2.  Neutral  goods  not 

1  List  on  p.  1284  of  Hertslet's  Map  of  Europe,  vol.  ii. 
e  April  26,  1898;  see  State  Papers,  vol.  xc,  p.  380. 


176         TURKEY  AND  THE  POWERS,  1856 

contraband  of  war  are  not  liable  to  confiscation  under  the 
enemy's  flag.  3.  Blockades  in  order  to  be  binding  must 
be  effective.  Then  follow  other  rules  not  comprised  in 
the  Declaration. 

In  effect,  therefore,  the  United  States  have  acted  on  the 
principles  of  the  Declaration,  though  not  formally  acceding 
to  it. 


GENERAL  TREATY  OF  PEACE  BETWEEN  GREAT  BRITAIN, 
AUSTRIA,  FRANCE,  PRUSSIA,  RUSSIA,  SARDINIA,  AND 
TURKEY.  SIGNED  AT  PARIS,  SOTH  MARCH,  I856.1 

ARTICLE  I.  From  the  day  of  the  exchange  of  the  Ratifica- 
tions of  the  present  Treaty  there  shall  be  Peace  and  Friend- 
ship between  Her  Majesty  the  Queen  of  the  United  Kingdom 
of  Great  Britain  and  Ireland,  His  Majesty  the  Emperor  of 
the  French,  His  Majesty  the  King  of  Sardinia,  His  Imperial 
Majesty  the  Sultan,  on  the  one  part,  and  His  Majesty  the 
Emperor  of  All  the  Russias,  on  the  other  part ;  as  well 
as  between  their  heirs  and  successors,  their  respective 
dominions  and  subjects,  in  perpetuity. 

ARTICLE  II.  Peace  being  happily  re-established  between 
their  said  Majesties,  the  Territories  conquered  or  occupied 
by  their  armies  during  the  War  shall  be  reciprocally 
evacuated. 

Special  arrangements  shall  regulate  the  mode  of  the 
Evacuation,  which  shall  be  as  prompt  as  possible. 

ARTICLE  III.  His  Majesty  the  Emperor  of  All  the 
Russias  engages  to  restore  to  His  Majesty  the  Sultan  the 
Town  and  Citadel  of  Kars,  as  well  as  the  other  parts  of 
the  Ottoman  Territory  of  which  the  Russian  troops  are  in 
possession. 

ARTICLE  IV.  Their  Majesties  the  Queen  of  the  United 
Kingdom  of  Great  Britain  and  Ireland,  the  Emperor  of 
the  French,  the  King  of  Sardinia,  and  the  Sultan,  engage 
to  restore  to  His  Majesty  the  Emperor  of  All  the  Russias, 
the  Towns  and  Ports  of  Sebastopol,  Balaklava,  Kamiesch, 
Eupatoria,  Kertcb,  Jenikale,  Kinburn,  as  well  as  all  other 
Territories  occupied  by  the  Allied  Troops. 

ARTICLE  V.    Their  Majesties  the  Queen  of  the  United 

1  State  Papers,  vol.  xlvi,  p.  18  ;  Hertslet,  vol.  ii,  No.  264. 


TREATY  OF  1856  177 

Kingdom  of  Great  Britain  and  Ireland,  the  Emperor  of 
the  French,  the  Emperor  of  All  the  Russias,  the  King  of 
Sardinia,  and  the  Sultan,  grant  a  full  and  entire  Amnesty 
to  those  of  their  subjects  who  may  have  been  compromised 
by  any  participation  whatsoever  in  the  events  of  the  War 
in  favour  of  the  cause  of  the  enemy. 

It  is  expressly  understood  that  such  Amnesty  shall 
extend  to  the  subjects  of  each  of  the  Belligerent  Parties 
who  may  have  continued,  during  the  War,  to  be  employed 
in  the  service  of  one  of  the  other  Belligerents. 

ARTICLE  VI.  Prisoners  of  War  shall  be  immediately 
given  up  on  either  side. 

ARTICLE  VII.  Her  Majesty  the  Queen  of  the  United 
Kingdom  of  Great  Britain  and  Ireland,  His  Majesty  the 
Emperor  of  Austria,  His  Majesty  the  Emperor  of  the 
French,  His  Majesty  the  King  of  Prussia,  His  Majesty  the 
Emperor  of  All  the  Russias,  and  His  Majesty  the  King 
of  Sardinia,  declare  the  Sublime  Porte  admitted  to  par- 
ticipate in  the  advantages  of  the  Public  Law  and  System 
(Concert)  of  Europe.  Their  Majesties  engage,  each  on  his 
part,  to  respect  the  Independence  and  the  Territorial 
Integrity  of  the  Ottoman  Empire  ;  Guarantee  in  common 
the  strict  observance  of  that  engagement  ;  and  will,  in 
consequence,  consider  any  act  tending  to  its  violation  as 
a  question  of  general  interest. 

ARTICLE  VIII.  If  there  should  arise  between  the  Sub- 
lime Porte  and  one  or  more  of  the  other  Signing  Powers, 
any  misunderstanding  which  might  endanger  the  main- 
tenance of  their  relations,  the  Sublime  Porte,  and  each  of 
such  Powers,  before  having  recourse  to  the  use  of  force, 
shall  afford  the  other  Contracting  Parties  the  opportunity 
of  preventing  such  an  extremity  by  means  of  their  Media- 
tion. 

ARTICLE  IX.  His  Imperial  Majesty  the  Sultan  having, 
in  his  constant  solicitude  for  the  welfare  of  his  subjects, 
issued  a  Firman,  which,  while  ameliorating  then*  condition 
without  distinction  of  Religion  or  of  Race,  records  his 
generous  intentions  towards  the  Christian  population  of 
his  Empire,  and  wishing  to  give  a  further  proof  of  his 
sentiments  in  that  respect,  has  resolved  to  communicate 
to  the  Contracting  Parties  the  said  Firman,  emanating 
spontaneously  from  his  Sovereign  will. 

The  Contracting  Powers  recognise  the  high  value  of  this 

1903 


178         TURKEY  AND  THE  POWERS,  1856 

communication.  It  is  clearly  understood  that  it  cannot, 
in  any  case,  give  to  the  said  Powers  the  right  to  interfere, 
either  collectively  or  separately,  in  the  relations  of  His 
Majesty  the  Sultan  with  his  subjects,  nor  in  the  Internal 
Administration  of  his  Empire. 

ARTICLE  X.  The  Convention  of  i3th  of  July,  1841, 
which  maintains  the  ancient  rule  of  the  Ottoman  Empire 
relative  to  the  Closing  of  the  Straits  of  the  Bosphorus  and 
of  Dardanelles,  has  been  revised  by  common  consent. 

The  Act  concluded  for  that  purpose,  and  in  conformity 
with  that  principle,  between  the  High  Contracting  Parties, 
is  and  remains  annexed  to  the  present  Treaty,  and  shall 
have  the  same  force  and  validity  as  if  it  formed  an  integral 
part  thereof. 

ARTICLE  XI.  The  Black  Sea  is  Neutralised  ;  its  Waters 
and  its  Ports,  thrown  open  to  the  Mercantile  Marine  of 
every  Nation,  are  formally  and  in  perpetuity  interdicted 
to  the  Flag  of  War,  either  of  the  Powers  possessing  its 
Coasts,  or  of  any  other  Power,  with  the  exceptions  men- 
tioned in  Articles  XIV  and  XIX  of  the  present  Treaty. 

ARTICLE  XII.  Free  from  any  impediment,  the  Commerce 
in  the  Ports  and  Waters  of  the  Black  Sea  shall  be  subject 
only  to  Regulations  of  Health,  Customs,  and  Police,  framed 
in  a  spirit  favourable  to  the  development  of  Commercial 
transactions. 

In  order  to  afford  to  the  Commercial  and  Maritime 
interests  of  every  Nation  the  security  which  is  desired, 
Russia  and  the  Sublime  Porte  will  admit  Consuls  into 
their  Ports  situated  upon  the  Coast  of  the  Black  Sea,  in 
conformity  with  the  principles  of  International  Law. 

ARTICLE  XIII.  The  Black  Sea  being  Neutralised  accord- 
ing to  the  terms  of  Article  XI,  the  maintenance  or  estab- 
lishment upon  its  Coast  of  Military-Maritime  Arsenals 
becomes  alike  unnecessary  and  purposeless ;  in  con- 
sequence, His  Majesty  the  Emperor  of  All  the  Russias, 
and  His  Imperial  Majesty  the  Sultan,  engage  not  to 
establish  or  to  maintain  upon  that  Coast  any  Military- 
Maritime  Arsenal. 

ARTICLE  XIV.  Their  Majesties  the  Emperor  of  All  the 
Russias  and  the  Sultan  having  concluded  a  Convention 
for  the  purpose  of  settling  the  Force  and  the  Number  of 
Light  Vessels,  necessary  for  the  service  of  their  Coasts, 
which  they  reserve  to  themselves  to  maintain  in  the  Black 


TREATY  OF  1856  179 

Sea,  that  Convention  is  annexed  to  the  present  Treaty, 
and  shall  have  the  same  force  and  validity  as  if  it  formed 
an  integral  part  thereof.  It  cannot  be  either  annulled  or 
modified  without  the  assent  of  the  Powers  signing  the 
present  Treaty. 

ARTICLE  XV.  The  Act  of  the  Congress  of  Vienna, 
having  established  the  principles  intended  to  regulate  the 
Navigation  of  Rivers  which  separate  or  traverse  different 
States,  the  Contracting  Powers  stipulate  among  them- 
selves that  those  principles  shall  in  future  be  equally 
applied  to  the  Danube  and  its  Mouths.  They  declare  that 
its  arrangement  henceforth  forms  a  part  of  the  Public  Law 
of  Europe,  and  take  it  under  their  Guarantee. 

The  Navigation  of  the  Danube  cannot  be  subjected  to 
any  impediment  or  charge  not  expressly  provided  for  by 
the  Stipulations  contained  in  the  following  Articles:  in 
consequence,  there  shall  not  be  levied  any  Toll  founded 
solely  upon  the  fact  of  the  Navigation  of  the  River,  nor 
any  Duty  upon  the  Goods  which  may  be  on  board  of 
Vessels.  The  Regulations  of  Police  and  of  Quarantine  to 
be  established  for  the  safety  of  the  States  separated  or 
traversed  by  that  River,  shall  be  so  framed  as  to  facilitate, 
as  much  as  possible,  the  passage  of  Vessels.  With  the 
exception  of  such  Regulations,  no  obstacle  whatever  shall 
be  opposed  to  Free  Navigation. 

ARTICLE  XVI.  With  a  view  to  carry  out  the  arrange- 
ments of  the  preceding  Article,  a  Commission,  in  which 
Great  Britain,  Austria,  France,  Prussia,  Russia,  Sardinia, 
and  Turkey,  shall  each  be  represented  by  one  delegate, 
shall  be  charged  to  designate  and  to  cause  to  be  executed 
the  Works  necessary  below  Isatcha,  to  clear  the  Mouths 
of  the  Danube,  as  well  as  the  neighbouring  parts  of  the 
Sea,  from  the  sands  and  other  impediments  which  obstruct 
them,  in  order  to  put  that  part  of  the  River  and  the  said 
parts  of  the  Sea  in  the  best  possible  state  for  Navigation. 

In  order  to  cover  the  Expenses  of  such  Works,  as  well 
as  of  the  establishments  intended  to  secure  and  to  facilitate 
the  Navigation  at  the  Mouths  of  the  Danube,  fixed  Duties, 
of  a  suitable  rate,  settled  by  the  Commission  by  a  majority 
of  votes,  may  be  levied,  on  the  express  condition  that,  in 
this  respect  as  in  every  other,  the  Flags  of  all  Nations  shall 
be  treated  on  the  footing  of  perfect  equality. 

ARTICLE  XVII.  A  Commission  shall  be  established,  and 
N  2 


180          TURKEY  AND  THE  POWERS,  1856 

shall  be  composed  of  delegates  of  Austria,  Bavaria,  the 
Sublime  Porte,  and  Wurtemberg  (one  for  each  of  those 
Powers),  to  whom  shall  be  added  Commissioners  from  the 
Three  Danubian  Principalities,  whose  nomination  shall 
have  been  approved  by  the  Porte.  This  Commission, 
which  shall  be  permanent :  i.  Shall  prepare  Regulations 
of  Navigation  and  River  Police  ;  2.  Shall  remove  the 
impediments,  of  whatever  nature  they  may  be,  which  still 
prevent  the  application  to  the  Danube  of  the  Arrangements 
of  the  Treaty  of  Vienna  ;  3.  Shall  order  and  cause  to  be 
executed  the  necessary  Works  throughout  the  whole  course 
of  the  River ;  and  4.  Shall,  after  the  dissolution  of  the 
European  Commission,  see  to  maintaining  the  Mouths  of 
the  Danube  and  the  neighbouring  parts  of  the  Sea  in 
a  navigable  state. 

ARTICLE  XVIII.  It  is  understood  that  the  European 
Commission  shall  have  completed  its  task,  and  that  the 
River  Commission  shall  have  finished  the  Works  described 
in  the  preceding  Article,  under  Nos.  i  and  2,  within  the 
period  of  two  years.  The  signing  Powers  assembled  in 
Conference  having  been  informed  of  that  fact,  shall,  after 
having  placed  it  on  record,  pronounce  the  Dissolution  of 
the  European  Commission,  and  from  that  time  the  per- 
manent River  Commission  shall  enjoy  the  same  powers  as 
those  with  which  the  European  Commission  shall  have 
until  then  been  invested. 

ARTICLE  XIX.  In  order  to  insure  the  execution  of  the 
Regulations  which  shall  have  been  established  by  common 
agreement,  in  conformity  with  the  principles  above  declared, 
each  of  the  Contracting  Powers  shall  have  the  right  to 
station,  at  all  times,  Two  Light  Vessels  at  the  Mouths  of 
the  Danube. 

ARTICLE  XX.  In  exchange  for  the  Towns,  Ports,  and 
Territories  enumerated  in  Article  IV  of  the  present  Treaty, 
and  in  order  more  fully  to  secure  the  Freedom  of  the 
Navigation  of  the  Danube,  His  Majesty  the  Emperor  of 
All  the  Russias  consents  to  the  rectification  of  his  Frontier 
in  Bessarabia. 

The  new  Frontier  shall  begin  from  the  Black  Sea,  one 
kilometre  to  the  east  of  the  Lake  Bourna  Sola,  shall  run 
perpendicularly  to  the  Akerman  Road,  shall  follow  that 
road  to  the  Val  de  Trajan,  pass  to  the  south  of  Bolgrad, 
ascend  the  course  of  the  River  Yalpuck  to  the  Height  of 


TREATY  OF  1856  181 

Saratsika,  and  terminate  at  Katamori  on  the  Pruth. 
Above  that  point  the  old  Frontier  between  the  Two  Empires 
shall  not  undergo  any  modification. 

Delegates  of  the  Contracting  Powers  shall  fix,  in  its 
details,  the  Line  of  the  new  Frontier. 

ARTICLE  XXI.  The  Territory  ceded  by  Russia  shall  be 
Annexed  to  the  Principality  of  Moldavia,  under  the 
Suzerainty  of  the  Sublime  Porte. 

The  Inhabitants  of  that  Territory  shall  enjoy  the  Rights 
and  Privileges  secured  to  the  Principalities ;  and  during 
the  space  of  3  years,  they  shall  be  permitted  to  trans- 
fer their  domicile  elsewhere,  disposing  freely  of  their 
Property. 

ARTICLE  XXII.  The  Principalities  of  Wallachia  and 
Moldavia  shall  continue  to  enjoy  under  the  Suzerainty  of 
the  Porte,  and  under  the  Guarantee  of  the  Contracting 
Powers,  the  Privileges  and  Immunities  of  which  they  are 
in  possession.  No  exclusive  Protection  shall  be  exercised 
over  them  by  any  of  the  guaranteeing  Powers. 

There  shall  be  no  separate  right  of  interference  in  their 
Internal  Affairs. 

ARTICLE  XXIII.  The  Sublime  Porte  engages  to  preserve 
to  the  said  Principalities  an  Independent  and  National 
Administration,  as  well  as  full  liberty  of  Worship,  of 
Legislation,  of  Commerce,  and  of  Navigation. 

The  Laws  and  Statutes  at  present  in  force  shall  be 
revised.  In  order  to  establish  a  complete  agreement  in 
regard  to  such  revision,  a  Special  Commission,  as  to  the 
composition  of  which  the  High  Contracting  Powers  will 
come  to  an  understanding  among  themselves,  shall  assemble  -, 
without  delay,  at  Bucharest,  together  with  a  Commissioner 
of  the  Sublime  Porte. 

The  business  of  this  Commission  shall  be  to  investigate 
the  present  state  of  the  Principalities,  and  to  propose  bases 
for  their  future  organization. 

ARTICLE  XXIV.  His  Majesty  the  Sultan  promises  to 
convoke  immediately  in  each  of  the  two  Provinces  a  Divan 
ad  hoc,  composed  in  such  a  manner  as  to  represent  most 
closely  the  interests  of  all  classes  of  society.  These  Divans 
shall  be  called  upon  to  express  the  wishes  of  the  people 
in  regard  to  the  definitive  organization  of  the  Principalities. 

An  Instruction  from  the  Congress  shall  regulate  the 
relations  between  the  Commission  and  these  Divans. 


i82          TURKEY  AND  THE  POWERS,  1856 

ARTICLE  XXV.  Taking  into  consideration  the  opinion 
expressed  by  the  two  Divans,  the  Commission  shall  transmit, 
without  delay,  to  the  present  seat  of  the  Conferences,  the 
result  of  its  own  labours. 

The  Final  Agreement  with  the  Suzerain  Power  shall  be 
recorded  in  a  Convention  to  be  concluded  at  Paris  between 
the  High  Contracting  Parties ;  and  a  Hatti-sheriff ,  in 
conformity  with  the  stipulations  of  the  Convention,  shall 
constitute  definitively  the  organization  of  those  Provinces, 
placed  thenceforward  under  the  Collective  Guarantee  of  all 
the  signing  Powers. 

ARTICLE  XXVI.  It  is  agreed  that  there  shall  be  in  the 
Principalities  a  National  Armed  Force,  organized  with  the 
view  to  maintain  the  security  of  the  interior,  and  to  ensure 
that  of  the  Frontiers.  No  impediment  shall  be  opposed  to 
the  extraordinary  measures  of  defence  which,  by  agree- 
ment with  the  Sublime  Porte,  they  may  be  called  upon  to 
take  in  order  to  repel  any  external  aggression. 

ARTICLE  XXVII.  If  the  Internal  Tranquillity  of  the 
Principalities  should  be  menaced  or  compromised,  the 
Sublime  Porte  shall  come  to  an  understanding  with  the 
other  Contracting  Powers  in  regard  to  the  measures  to  be 
taken  for  maintaining  or  re-establishing  legal  order. 

No  armed  Intervention  can  take  place  without  previous 
agreement  between  those  Powers. 

ARTICLE  XXVIII.  The  Principality  of  Servia  shall 
continue  to  hold  of  the  Sublime  Porte,  in  conformity  with 
the  Imperial  Hats  which  fix  and  determine  its  Rights  and 
Immunities,  placed  henceforward  under  the  Collective 
Guarantee  of  the  Contracting  Powers. 

In  consequence,  the  said  Principality  shall  preserve  its 
Independent  and  National  Administration,  as  well  as  full 
Liberty  of  Worship,  of  Legislation,  of  Commerce,  and  of 
Navigation. 

ARTICLE  XXIX.  The  right  of  garrison  of  the  Sublime 
Porte,  as  stipulated  by  anterior  regulations,  is  maintained. 
No  armed  Intervention  can  take  place  in  Servia  without 
previous  agreement  between  the  High  Contracting  Powers. 

ARTICLE  XXX.  His  Majesty  the  Emperor  of  All  the 
Russias  and  His  Majesty  the  Sultan  maintain  in  its  Integrity 
the  state  of  their  possessions  in  Asia  such  as  it  legally 
existed  before  the  rupture. 

In  order  to  prevent  all  local  dispute  the  Line  of  Frontier 


TREATY  OF  1856  183 

shall  be  verified,  and,  if  necessary,  rectified,  without  any 
prejudice  as  regards  Territory  being  sustained  by  either 
Party. 

For  this  purpose  a  Mixed  Commission,  composed  of  two 
Russian  Commissioners,  two  Ottoman  Commissioners,  one 
English  Commissioner,  and  one  French  Commissioner, 
shall  be  sent  to  the  spot  immediately  after  the  re-establish- 
ment of  diplomatic  relations  between  the  Court  of  Russia 
and  the  Sublime  Porte.  Its  labours  shall  be  completed 
within  the  period  of  8  months  after  the  exchange  of  the 
Ratifications  of  the  present  Treaty. 

ARTICLE  XXXI.  The  Territories  occupied  during  the 
War  by  the  troops  of  their  Majesties  the  Queen  of  the 
United  Kingdom  of  Great  Britain  and  Ireland,  the  Emperor 
of  Austria,  the  Emperor  of  the  French,  and  the  King  of 
Sardinia,  according  to  the  terms  of  the  Conventions  signed 
at  Constantinople  on  the  I2th  of  March,  1854,  between 
Great  Britain,  France,  and  the  Sublime  Porte ;  on  the 
I4th  of  June  of  the  same  year,  between  Austria  and  the 
Sublime  Porte ;  and  on  the  I5th  of  March,  1855,  between 
Sardinia  and  the  Sublime  Porte ;  shall  be  evacuated  as 
soon  as  possible  after  the  exchange  of  the  Ratifications  of 
the  present  Treaty.  The  periods  and  the  means  of  execution 
shall  form  the  object  of  an  arrangement  between  the 
Sublime  Porte  and  the  Powers  whose  troops  have  occupied 
its  Territory. 

ARTICLE  XXXII.  Until  the  Treaties  or  Conventions 
which  existed  before  the  War  between  the  Belligerent 
Powers  have  been  either  renewed  or  replaced  by  new  Acts, 
Commerce  of  importation  or  of  exportation  shall  take  place 
reciprocally  on  the  footing  of  the  regulations  in  force 
before  the  War ;  and  in  all  other  matters  their  subjects 
shall  be  respectively  treated  upon  the  footing  of  the  Most 
Favoured  Nation. 

ARTICLE  XXXIII.  The  Convention  concluded  this  day 
between  their  Majesties  the  Queen  of  the  United  Kingdom 
of  Great  Britain  and  Ireland,  the  Emperor  of  the  French, 
on  the  one  part,  and  His  Majesty  the  Emperor  of  All  the 
Russias  on  the  other  part,  respecting  the  Aland  Islands,  is 
and  remains  annexed  to  the  present  Treaty,  and  shall 
have  the  same  force  and  validity  as  if  it  formed  a  part 
thereof. 

ARTICLE  XXXIV.    The  present  Treaty  shall  be  ratified, 


184    TURKEY  AND  THE  POWERS,  1856 

and  the  Ratifications  shall  be  exchanged  at  Paris  in  the 
space  of  4  weeks,  or  sooner  if  possible. 

In  witness  whereof  the  respective  Plenipotentiaries  have 
signed  the  same,  and  have  affixed  thereto  the  Seal  of  their 
Arms. 

Done  at  Paris,  the  3oth  day  of  the  month  of  March,  in 
the  year  1856. 

(L.S.)    CLARENDON. 

(L.S.)     COWLEY. 

(L.S.)    BUOL-SCHAUENSTEIN. 

(L.S.)     HUBNER. 

(L.S.)     A.  WALEWSKI. 

(L.S.)    BOURQUENEY. 

(L.S.)     MANTEUFFEL. 

(L.S.)     C.  M.  D'HATZFELDT. 

(L.S.)     ORLOFF. 

(L.S.)     BRUNNOW. 

(L.S.)     C.  CAVOUR. 

(L.S.)    DE  VILLAMARINA. 

(L.S.)    AALI. 

(L.S.)    MEHEMMED  DJEMIL. 

CONVENTION  BETWEEN  GREAT  BRITAIN,  AUSTRIA,  FRANCE, 
PRUSSIA,  RUSSIA,  AND  SARDINIA,  ON  THE  ONE  PART, 
AND  THE  SULTAN,  ON  THE  OTHER  PART,  RESPECTING 
THE  STRAITS  OF  THE  DARDANELLES  AND  OF  THE 
BOSPHORUS.  SIGNED  AT  PARIS,  SOTH  MARCH,  I856.1 

ARTICLE  I.  His  Majesty  the  Sultan,  on  the  one  part, 
declares  that  he  is  firmly  resolved  to  maintain  for  the  future 
the  principle  invariably  established  as  the  ancient  rule  of 
his  Empire,  and  in  virtue  of  which  it  has,  at  all  tunes, 
been  prohibited  for  the  Ships  of  War  of  Foreign  Powers  to 
enter  the  Straits  of  the  Dardanelles  and  of  the  Bosphorus; 
and  that,  so  long  as  the  Porte  is  at  Peace,  His  Majesty  will 
admit  no  Foreign  Ship  of  War  into  the  said  Straits. 

And  Their  Majesties  the  Queen  of  the  United  Kingdom 
of  Great  Britain  and  Ireland,  the  Emperor  of  Austria,  the 
Emperor  of  the  French,  the  King  of  Prussia,  the  Emperor 
of  All  the  Russias,  and  the  King  of  Sardinia,  on  the  other 
part,  engage  to  respect  this  determination  of  the  Sultan, 
and  to  conform  themselves  to  the  principle  above  declared. 
1  State  Papers,  vol.  xlvi,  p.  18  ;  Hertslet,  vol.  ii,  p.  265. 


CONVENTION  OF  1856  185 

ARTICLE  II.  The  Sultan  reserves  to  himself,  as  in  past 
times,  to  deliver  Firmans  of  Passage  for  Light  Vessels 
under  Flag  of  War,  which  shall  be  employed,  as  is  usual  in 
the  service  of  the  Missions  of  Foreign  Powers. 

ARTICLE  III.  The  same  exception  applies  to  the  Light 
Vessels  under  Flag  of  War,  which  each  of  the  Contracting 
Powers  is  authorised  to  station  at  the  Mouths  of  the 
Danube  in  order  to  secure  the  execution  of  the  Regulations 
relative  to  the  liberty  of  that  River,  and  the  number  of 
which  is  not  to  exceed  two  for  each  Power. 


DECLARATION  SIGNED  BY  THE  PLENIPOTENTIARIES  OF 
GREAT  BRITAIN,  AUSTRIA,  FRANCE,  PRUSSIA,  RUSSIA, 
SARDINIA,  AND  TURKEY,  RESPECTING  MARITIME  LAW. 
PARIS,  i6TH  APRIL,  I856.1 

Privateering. 

1.  Privateering  is,  and  remains  abolished  ; 

Neutral  Flag. 

2.  The  Neutral  Flag  covers  Enemy's  Goods,  with  the 
exception  of  Contraband  of  War  ; 

Neutral  Goods. 

3.  Neutral  Goods,  with  the  exception  of  Contraband  of 
War,  are  not  liable  to  capture  under  Enemy's  Flag ; 

Blockades. 

4.  Blockades,  in  order  to  be  binding,  must  be  effective, 
that  is  to  say,  maintained  by  a  force  sufficient  really  to 
prevent  access  to  the  coast  of  the  enemy. 

1  State  Papers,  vol.  xlvi,  p.  26  ;   Hertslet,  vol.  ii,  No.  271. 


CHAPTER  VI 
THE  DANISH  DUCHIES 

Duchy  of  Holstein  —  Duchy  of  Schleswig  —  Lauenburg  —  Rescript 
of  1846  —  Hostilities  in  the  Duchies  —  Treaty  of  1850  —  Treaty 
of  London,  1852  —  The  Ordinance  of  1853  —  The  Constitution 
of  November  1 863  —  Lord  Palmerston  —  The  Danish  and  German 
"Cases  —  The  Powers  of  Europe  —  Treaty  of  Peace,  1864  — 
Convention  of  Gastein  —  Dispatch  of  Earl  Russell. 

Texts  :  The  Treaty  of  London  (1852)  —  The  Treaty  of  Vienna  ( 1 864) . 

THE  question  of  the  Succession  to  the  Danish  Crown, 
and  that  relating  to  the  affairs  of  the  Danish  Duchies,  to 
which  the  above-cited  treaties  respectively  have  reference, 
are  to  so  great  an  extent  related  to  one  another  that  it  will 
be  more  convenient  and  less  conducive  to  repetition  to  deal 
with  both  treaties  together  rather  than  to  separate  them 
into  two  distinct  subjects  in  their  chronological  order. 

The  Duchy  of  Holstein,  though  owing  allegiance  to 
Denmark,  became  included  in  the  Germanic  Confederation 
by  virtue  of  Article  LIII  of  the  Vienna  Congress  Treaty  of 
1815,  which  declared  that  '  the  Sovereign  Princes  and  Free 
Towns  of  Germany,  under  which  denomination  for  the 
present  purpose  are  comprehended  their  Majesties  the 
Emperor  of  Austria,  the  Kings  of  Prussia,  of  Denmark 
and  of*  The  Netherlands,  that  is  to  say  .  .  .  The  King  of 
Denmark  for  the  Duchy  of  Holstein  .  .  .,  establish  among 
themselves  a  perpetual  Confederation  which  shall  be  called 
the  Germanic  Confederation  '. 

The  Duchy  of  Schleswig,  long  under  the  sway  of  the 
Kings  of  Denmark,  was  claimed  by  Denmark  in  virtue  of 
guarantees  given  by  Great  Britain  and  France  in  1720  and 
of  the  treaties  concluded  with  Russia  in  1767  and  1773.* 

1  See  Rescript  of  the  King  of  Denmark,  July  8, 1846 ;  State  Papers, 
vol.  xl,  p.  1261. 


DUCHY  OF  SCHLESWIG  187 

The  relationship  of  Schleswig  to  Denmark  differed  there- 
fore from  that  of  Holstein. 

Thus  in  the  eighteenth  century  Schleswig  was  a  possession 
of  the  Danish  Crown  but  not  incorporated  with  the  Danish 
territories.  She  was  bound  to  Holstein  by  various  interests, 
and  German  was  the  official  language.  She  possessed  a 
separate  Diet  conferred  upon  her  by  Frederick  VI,  who, 
however,  bound  the  two  Duchies  together  by  placing  them 
under  a  Ministry  and  a  Supreme  Court  common  to  both. 
This  intimate  connexion  in  the  course  of  time  caused 
Schleswig  to  become  more  and  more  German,  and  in  the 
nineteenth  century  a  large  portion  of  the  population  spoke 
German.  The  Danes  at  length  took  steps  to  preserve  the 
nationality  of  the  Duchy  by  encouraging  the  use  of  the 
Danish  language  and  by  other  means.  This  procedure  became 
a  grievance  to  the  German  population  of  the  Duchies,  and  by 
degrees  a  Schleswig-Holstein  party  grew  up,  and  the  demand 
was  formulated  that  they  should  be  made  independent  of 
Denmark  and  be  constituted  one  State  within  the  Germanic 
Confederation.  The  Duke  of  Augustenburg,  the  leader  of 
this  party,  a  descendant  of  King  Christian  III,  hoped  to 
acquire  the  Duchies  for  himself  and  his  House  in  the  event 
of  the  Danish  royal  line  becoming  extinct — an  event  which 
seemed  probable — and  he  accordingly  sought  support  in 
Germany,  and  succeeded  in  setting  on  foot  an  enthusiastic 
national  movement  there  in  favour  of  the  demands  of  the 
Duchies.  The  Scandinavian  countries,  on  the  other  hand, 
were  in  favour  of  the  views  of  the  national  party  in 
Denmark. 

The  Duchy  of  Lauenburg  was  ceded  by  Prussia  to 
Denmark  '  in  full  sovereignty  '  by  the  Treaty  of  June  4, 
iSis.1  Like  Holstein,  however,  she  formed  one  of  the 
States  of  the  Germanic  Confederation,  and  the  King  of 
Denmark  ratified  the  final  Act  of  the  Confederation  in 
1820  in  the  conjoint  character  of  Duke  of  Holstein  and 

1  State  Papers,  vol.  ii,  p.  182. 


i88  THE  DANISH  DUCHIES 

Duke  of  Lauenburg.1    Lauenburg,  however,  was  not  deeply 
involved  in  the  questions  affecting  Schleswig-Holstein. 

In  1831  the  King  of  Denmark  (whose  authority  in 
Schleswig  and  Holstein  had  up  to  that  time  been  absolute) 
issued  an  ordinance  for  the  erection  of  Provincial  States  in 
Schleswig  and  Holstein  resembling  those  which  had  been 
established  by  most  of  the  German  sovereigns  in  accord- 
ance with  the  Federal  Act  of  1815,  the  powers  of  these 
States  being  consultative  only.2  Similar  States  were  at 
the  same  time  decreed  for  the  Kingdom  of  Denmark 
proper.3  This  arrangement  seems  to  have  worked  smoothly 
for  some  years,  until  the  grievances  already  alluded  to 
assumed  shape  in  the  Duchies,  when  the  King,  after 
long  hesitation  between  the  views  of  the  Danish  national 
party  and  those  of  the  Duchies,  appointed  a  commission 
to  inquire  into  the  relations  of  the  Duchies  towards  the 
sovereign  State.  As  a  result  His  Majesty  issued  a  Royal 
Rescript  on  July  8,  1846  4  respecting  the  order  of  succes- 
sion to  the  several  territories  composing  the  Danish 
monarchy,  with  regard  to  which,  it  was  therein  stated, 
'  confused  and  incorrect  notions '  appeared  to  prevail. 
The  question,  it  went  on  to  say,  had  been  investigated  by 
a  special  commission,  the  result  of  whose  labours  had  been 
to  establish  the  fact  that  the  order  of  succession  was 
indisputable  in  the  case  of  Lauenburg  and  Schleswig,  but 
that  with  respect  to  Holstein  there  were  circumstances 
which  stood  in  the  way  of  expressing  the  same  certainty 
as  to  the  inheritance-right  of  all  the  royal  successors  to 
the  Danish  Crown.  '  Meantime  ',  proceeded  the  Rescript, 

'  while  we  would  most  graciously  assure  all  our  true 
subjects,  and  especially  the  inhabitants  of  Holstein,  that 
our  exertions  have  been  and  shall  be  unremittingly 
directed  to  remove  the  hindrances  in  question  and  to 

1  See  Sir  Travers  Twiss'  work  on  the  Duchies  (1848),  p.  2. 
*  State  Papers,  vol.  xviii,  p.  1292.  8  Ibid.,  p.  1290. 

4  Ibid.,  vol.  xl,  p.  1261. 


RESCRIPT  OF  1846  189 

effectuate  a  complete  acknowledgement  of  the  integrity 
of  the  whole  Danish  State  so  as  that  the  territories  at 
present  collected  under  our  sceptre  shall  at  no  time  be 
separated  but  shall  constantly  remain  together  under 
their  present  relations,  and  in  the  enjoyment  of  all  the 
special  privileges  belonging  to  each  individually,  so 
would  we  at  the  same  time  in  an  especial  manner  hereby 
assure  our  true  subjects  of  the  Duchy  of  Schleswig  that 
by  this  letter  it  is  by  no  means  intended  to  infringe  in 
any  way  on  the  Independence  of  that  Duchy  such  as  it 
has  hitherto  been  by  us  acknowledged,  nor  to  make  any 
change  in  the  other  relations  which  do  now  connect  the 
same  with  the  Duchy  of  Holstein  ;  but,  on  the  contrary, 
we  would  rather  hereby  renew  our  promise,  henceforward 
as  heretofore,  to  protect  our  Duchy  of  Schleswig  in  the 
rights  belonging  to  the  same  as  a  territory  in  itself  in- 
dependent but  yet  inseparably  connected  with  our 
Monarchy.' 

This  Royal  Rescript,  far  from  having  the  reassuring 
effect  which  seems  to  have  been  contemplated,  appears, 
on  the  contrary,  to  have  given  rise  in  the  Duchies  to  dis- 
trust and  alarm.  By  way  of  protesting  against  it,  and  of 
emphasizing  their  views  on  the  subject  of  their  inde- 
pendence, the  Duchies  withdrew  themselves  from  the 
Provincial  States,  and  petitioned  the  King  of  Denmark 
on  the  subject.  The  King  refused  to  receive  the  petitions, 
and  Holstein  accordingly  sent  deputies  to  the  Germanic 
Diet  to  lay  the  case  before  them.  The  Diet  thereupon 
expressed  their  non-acquiescence  in  the  refusal  of  the 
King  to  receive  the  petitions,  but  pronounced  no  opinion 
on  the  general  question  at  issue,  namely  the  supposed 
innovations  created  by  the  Danish  Rescript,  and  the 
divergence  of  views  therein  expressed. 

Popular  demonstrations  in  the  Duchies  followed,  fomented 
by  the  Augustenburg  faction  in  Germany.  On  the 'death 
of  the  King  of  Denmark  in  January  1848  they  declared 
their  independence  and  hostilities  ensued.  On  an  appeal 
from  Holstein,  Prussian  troops  (as  part  of  the  Federal 
Army)  were  sent  into  that  Duchy  to  resist  the  Danes. 


igo  THE  DANISH  DUCHIES 

About  this  time,  and  subsequently,  Austria  and  Prussia 
were  working  against  each  other  for  predominance  in 
Germany.  The  Tsar  of  Russia  urgently  demanded  the 
conclusion  of  the  Schleswig-Holstein  complication,  which 
he  considered  to  be  due  to  nothing  but  the  intrigues  of 
malevolent  revolutionaries  in  Copenhagen  and  the  Duchies. 
He  declared  that  in  the  event  of  the  German  question 
resulting  in  war  between  Austria  and  Prussia,  his  neutrality 
would  be  conditional  upon  the  restoration  of  Danish 
supremacy  over  the  rebels  in  Schleswig-Holstein. 

The  reactionary  party  meanwhile  gained  the  upper  hand 
in  Germany ;  Frederick  William  IV  of  Prussia  so  far 
surrendered  on  the  Duchies  question  as  to  declare  that  he 
could  not  conscientiously  support  national  against  mon- 
archical rights  ;  Preliminaries  of  Peace  were  signed  between 
Denmark  and  Prussia  on  July  10,  1849  (Great  Britain 
acting  as  mediator),  and  it  was  agreed  that  on  the  con- 
clusion of  a  definitive  peace  the  Great  Powers  of  Europe 
should  be  approached  with  a  view  to  regulating  the  Danish 
Order  of  Succession.1 

Finally,  on  July  2,  1850,  a  definitive  Treaty  of  Peace 
was  signed  at  Berlin  between  the  King  of  Prussia  in  his 
own  name  and  in  that  of  the  Germanic  Confederation,  and 
Denmark.  By  this  treaty  all  rights  which  existed  before 
the  war,  on  either  side,  were  reserved  ;  boundaries  arranged 
for ;  and  the  right  conceded  to  Denmark  to  claim  the 
intervention  of  the  Germanic  Confederation  for  the  re- 
establishment  of  legitimate  authority  in  Holstein.  But 
the  questions  which  led  to  the  war  were  not  thereby  set 
at  rest,  and  hostilities  between  Denmark  and  the  Duchies 
were  resumed.  Denmark  eventually  claimed  the  inter- 
vention of  the  Confederation  under  the  Treaty  of  1850. 
Austrian  and  Prussian  commissioners  then  entered  Holstein 
and  negotiations  ensued,  which  culminated  in  January 
1852  in  an  arrangement  roughly  to  the  following  effect  : — • 
1  State  Papers,  vol.  xxxvii,  p.  132. 


TREATY  OF  1850  191 

1.  Schleswig  should  not  be  incorporated  with  Denmark. 

2.  Non-political   ties   between    Schleswig   and    Hoist ein 
should  be  maintained.    3.  One  part  of  the  Danish  Monarchy 
should  not  be  subordinate  to  the  other.    4.    The  Duchies 
should  have  their  own  Ministers  of  the  Interior  and  voting 
power  in  certain  internal  matters.    5.   The  Duchies  should 
have    an    administrative    and    constitutional    separation. 
6.   A  Treaty  should  be  concluded  for  settling  the  question 
of  the  Succession  to  the  Danish  Monarchy.    These  negotia- 
tions were  conducted  in  conjunction  with  Great  Britain 
as  Mediating  Power. 

Before  the  definitive  Treaty  of  Peace  was  concluded, 
Great  Britain,  on  the  strength  of  the  Preliminaries  of 
1849,  took  up  the  question  of  the  succession  to  the  throne 
of  Denmark.1  In  February  1850  Lord  Palmerston  urged 
on  the  Danish  Government  the  importance  of  settling, 
without  delay,  this  question  which,  he  stated,  was  the  key 
to  the  whole  of  the  questions  pending  between  Denmark 
and  Germany.  The  choice  of  some  Prince  to  succeed  to 
the  Danish  Crown  who  would  equally  succeed  to  Holstein 
and  to  Schleswig,  would  remove  the  chief  difficulty  and 
avoid  the  separation  of  the  Duchies  from  Denmark  on  the 
failure  of  the  direct  line. 

After  prolonged  negotiations  through  the  medium  of 
a  voluminous  correspondence,  in  the  course  of  which  the 
King  of  Denmark  designated  the  House  of  Gliicksburg 
(Prince  Christian  of  Schleswig-Holstein-Sonderburg-Glucks- 
burg  and  the  issue  of  His  Highness's  marriage  with  the 
Princess  Louisa,  born  a  Princess  of  Hesse)  as  successors  to 
the  Danish  Crown,  and  by  means  of  Conferences  held  at 
London  and  elsewhere,  the  representatives  of  the  Powers 
finally  met  at  London  arid  signed  the  Treaty  of  May  8, 
1852,  the  object  of  which,  according  to  the  preamble,  was 
'  the  maintenance  of  the  integrity  of  the  Danish  Monarchy, 
as  connected  with  the  general  interests  of  the  balance  of 
1  Correspondence,  State  Papers,  vol.  xlii,  p.  831. 


192  THE  DANISH  DUCHIES 

power  in  Europe '.  This  treaty  recognized  Prince  Christian 
as  the  eventual  successor  to  the  whole  of  the  dominions 
then  united  under  the  sceptre  of  the  King  of  Denmark. 
The  question  of  submitting  the  treaty  to  the  Diet  of  the 
Germanic  Confederation  was  decided  in  the  negative. 
The  claims  of  the  Agnates  of  the  royal  families  to  eventual 
succession  to  the  Duchies  were  settled  either  by  spontaneous 
renunciations  of  their  rights,  or  by  compensation,  or  in  the 
case  of  remote  contingencies  by  simply  ignoring  them. 

On  July  31,  1853,  a  Royal  Ordinance  was  promulgated 
by  the  King  of  Denmark  settling  the  succession  to  the 
Crown  of  that  country  on  Prince  Christian  of  Glucksburg 
and  his  male  heirs,  in  virtue  of  the  Treaty  of  May  8,  1852, 
concluded  between  Austria,  France,  Great  Britain,  Prussia, 
Russia,  Sweden  and  Norway,  and  Denmark,  and  acceded 
to  by  most  of  the  European  Powers.1 

The  work  of  framing  Constitutions  for  the  Duchies  was 
then  entered  upon,  and  this  gave  rise  to  much  controversy 
and  many  grievances,  and  complaints  that  Denmark  was 
neglecting  to  fulfil  the  promises  made  at  the  time  of  the 
conclusion  of  the  Succession  Treaty.  This  went  on 
until  in  February  1858  the  Diet  of  the  Germanic  Con- 
federation demanded  the  fulfilment  of  those  promises 
affecting  the  equality  and  independence  of  the  Duchies, 
but  nothing  satisfactory  resulted.  In  1863  the  King  of 
Denmark  decreed  independent  rights  to  Holstein,  and 
elaborated  a  Constitution  for  Denmark  and  Schleswig 
which  was  held  virtually  to  incorporate  Schleswig  with 
the  Danish  Monarchy,  but  he  died  before  its  promulgation, 
in  November  1 863 .  He  was  succeeded  by  King  Christian  IX , 
who  had  been  designated  by  the  Treaty  of  London  of  May  8, 

1852,  and  by  the  consequent  Royal  Ordinance  of  July  31, 

1853,  as  the  successor  to  the  throne  of  Denmark,  and 
to  the  sovereignty  of  the  Duchies.     His  first  act  was 
to  sign  the  November  Constitution  of  the  Danish  party. 

1  Slate  Papers,  vol.  xlii,  p.  1184. 


CONSTITUTION  OF  NOVEMBER  1863        193 

The  Duke  of  Augustenburg  then  claimed  the  sovereignty 
of  the  Duchies,  and  was  supported  by  Austria  and  Prussia 
and  the  Germanic  Confederation,  in  spite  of  the  treaty 
to  which  the  two  first-named  Powers  had  affixed  their 
signatures  in  1852.  They  excused  their  disregard  of  the 
treaty  stipulation  on  the  grounds  that  the  treaty  had  not 
been  submitted  to  the  German  Diet  and  that  Denmark 
had  broken  her  promises  of  1851-2  ;  and  they  refused 
to  recognize  the  right  of  Christian  IX  to  succeed  to  the 
sovereignty  of  the  Duchies  except  on  the  condition  that 
the  November  Constitution  was  annulled.  England 
strongly  advised  Denmark  to  withdraw  the  Constitution, 
and  Denmark  showed  herself  ready  to  follow  this  advice, 
but  before  the  proposal  could  be  carried  out  Austrian 
and  Prussian  troops  invaded  the  Duchies  and  war  ensued. 
Lord  Palmerston,  the  English  Prime  Minister,  described 
the  entrance  of  troops  into  Schleswig  as  an  '  iniquitous 
aggression*.  If  the  German  Powers  had  waited  a  couple 
of  months,  he  explained,  so  as  to  enable  Denmark  to 
withdraw  the  Constitution,  as,  on  the  advice  of  England, 
she  was  prepared  to  do,  no  war  need  have  been  made. 
The  war  was  unnecessary,  and  therefore  '  iniquitous '. 
This  was  in  reply  to  observations  made  by  the  Austrian 
Government.  In  connexion  with  a  remark  made  by 
the  same  Government  on  the  principle  that  war  abrogates 
treaties,  Lord  Palmerston  observed  that  '  to  make  an  ag- 
gressive war  for  the  very  purpose  of  abrogating  them  would 
be  a  great  and  evident  abuse  of  an  admitted  principle  '.x 

It  would  be  impossible  within  the  limits  of  the  present 
work  to  discuss  at  length  the  rights  and  wrongs  of  the 
Duchies  question  from  the  points  of  view  of  the  various 
Powers  interested.  The  Danish  Government  maintained 
that  Schleswig  was  altogether  removed  from  any  interference 
on  the  part  of  the  Germanic  Confederation,  and  that  as 

1  Lord  Russell  to  Lord  Bloomfield,  Febniary  24,  1864.  Blue 
Book,  '  Denmark  and  Germany ',  No.  5,  1864. 

18J3 


194  THE  DANISH  DUCHIES 

regards  Holstein,  Denmark  had  already  conferred  a  great 
measure  of  independence  upon  her.  The  German  Govern- 
ments held  that,  inasmuch  as  Holstein  was  a  member  of 
the  Germanic  Confederation,  the  latter  had  the  right  of 
interference  in  respect  of  that  Duchy.  They  appear  also 
to  have  advanced  an  indirect  claim  in  respect  of  Schleswig 
by  reason  of  the  long  existing  administrative  connexion 
between  the  two  Duchies.  Moreover,  as  regards  the  period 
from  1851  onwards,  there  were  the  undertakings  entered 
into  by  Denmark  with  the  Austro-Prussian  Commissioners 
in  1851-2,  amongst  them  being  the  stipulation  that 
Schleswig  should  not  be  incorporated  with  Denmark,  that 
non-political  ties  between  the  two  Duchies  should  be  main- 
tained, that  one  part  of  the  Danish  Monarchy  should  not  be 
subordinate  to  another,  &c.  The  German  States  maintained 
that  Denmark  had  not  fulfilled  these  undertakings  :  on  the 
contrary,  that  Schleswig  was  virtually  incorporated  with 
Denmark  by  the  common  Constitution  of  November  1863, 
that  the  compulsory  use  of  the  Danish  language  in  schools 
and  churches  in  the  Germanized  po'rtions  of  Schleswig  was 
a  contravention  of  the  promised  equality,  and  so  forth. 
There  was  something  to  be  said,  and  much  was  said,  in 
support  of  these  opposing  contentions.  No  doubt  there 
was  truth  in  the  remark  of  the  Tsar  of  Russia  to  the 
effect  that  the  Schleswig-Holstein  complication  was  mainly 
due  to  the  intrigues  of  malevolent  revolutionaries  both  in 
Denmark  and  in  the  Duchies.  As  a  consequence  of  the 
efforts  of  the  Augustenburg  faction,  the  populations  of 
Germany  became  permeated  with  the  idea  that  the  cause 
of  the  '  downtrodden  '  inhabitants  of  the  Duchies  must 
be  espoused  by  them  in  opposition  to  the  '  tyranny  '  of 
Denmark.  So  much  so  that  on  the  revival  of  the  Augusten- 
burg claims  at  the  death  of  Frederick  VII  of  Denmark  in 
1863,  more  than  one  of  the  German  monarchs  declared 
that  the  outcry  for  war  amongst  their  subjects  was  so 
strong  that  they  dared  not  resist  it,  having  due  regard  for 


DANISH  AND  GERMAN  CASES  195 

the  safety  of  their  thrones.  Denmark  sought  alliances  in 
her  resistance  to  the  Germans,  but  none  were  forthcoming.1 
Russia  was  unwilling  to  commit  herself  to  take  up  arms 
in  support  of  Denmark.  She  was  herself  only  just  emerg- 
ing from  her  difficulties  arising  out  of  the  insurrection  in 
Poland.  France  and  Great  Britain  urged  mediation  and 
furnished  remonstrances,  but  were  disinclined  for  more 
drastic  measures.  Great  Britain  besides  was  also  some- 
what preoccupied  with  the  Civil  War  in  the  United  States. 
Sweden  could  not  throw  in  her  lot  with  Denmark  single- 
handed,  although  she  had  previously  been  prepared  to 
sign  a  treaty  of  defensive  alliance  with  her.  This  com- 
bination of  circumstances  cleared  the  way  for  the  fulfil- 
ment of  German  designs  and  the  advance  of  the  policy 
of  Bismarck,  and  accordingly  hostilities  were  begun. 

Conferences  for  re-establishing  peace  were  held  in 
London  from  April  to  June  1864,  but  they  broke  down 
over  the  question  of  the  boundary  between  Denmark  and 
Schleswig,  and  no  agreement  was  arrived  at.  Denmark 
was  defeated  by  her  enemies  in  the  field,  and  a  Treaty  of 
Peace  was  signed  at  Vienna  between  Austria,  Prussia,  and 
Denmark  on  October  30,  i864,2  whereby  Denmark  re- 
nounced all  her  rights  over  the  Duchies  of  Schleswig, 
Holstein,  and  Lauenburg  in  favour  of  the  King  of  Prussia 
and  the  Emperor  of  Austria,  engaging  to  recognize  the 
dispositions  which  their  said  Majesties  should  make  with 
reference  to  those  Duchies.  A  small  portion  only  of 
Northern  Schleswig  was  to  be  incorporated  into  the  King- 
dom of  Denmark. 

Soon  after  the  conclusion  of  the  Treaty  of  1864  Bismarck 
submitted  to  the  Austrian  Government  the  terms  on  which 
the  Duchies  might  be  conferred  upon  the  Duke  of  August  en- 
burg  according  to  the  proposal  put  forward  in  1863.  He 

1  For  a  discussion  of  Great  Britain's  responsibility  see  Egerton, 
British  Foreign  Policy  in  Europe  (1917),  pp.  276  ff. 
*  Slate  Papers,  vol.  liv,  p.  522. 

O  2 


10/3  THE  DANISH  DUCHIES 

required  that  the  Prussian  law  for  military  service  should 
be  established  in  the  Duchies ;  that  the  army  should  take 
the  oath  of  allegiance  to  the  Prussian  King ;  and  that 
Prussian  troops  should  occupy  the  principal  garrisons, 
besides  other  arrangements  tending  to  establish  Prussian 
supremacy  in  those  territories.  These  terms  were  rejected 
not  only  by  Austria  but  also  by  the  Duke  of  Augustenburg 
and  by  the  populations  of  the  Duchies  themselves,  who, 
with  the  support  of  the  Federal  Diet  at  Frankfort,  now 
placed  themselves  in  opposition  to  the  manifest  designs  of 
Prussia.  Thus  the  relations  between  Prussia  and  Austria, 
as  well  as  between  Prussia  and  the  majority  in  the  Federal 
Diet,  became  strained  in  the  course  of  the  year  1865, 
a  condition  of  affairs  which  was  not  improved  by  the 
high-handed  proceedings  of  the  Prussian  Commissioner  in 
Schleswig-Holstein,  who  expelled  certain  adherents  of  the 
Augustenburg  faction,  and  whose  action  in  so  doing  was 
stigmatized  by  his  Austrian  colleague  as  one  of  lawless 
violence.  War  was,  however,  averted  for  the  time  being 
by  means  of  a  Convention  signed  at  Gastein  (a  favourite 
summer  resort  of  the  sovereigns  of  Austria  and  Prussia) 
on  August  14,  I865,1  wherein  it  was  agreed  that  the  co- 
sovereignty  of  the  two  Powers  in  the  Duchies  conceded 
by  the  Treaty  of  Peace  of  1864  should  be  converted  into 
a  geographical  arrangement,  under  which  Austria  should 
assume  in  Holstein  all  the  rights  so  conceded,  and  Prussia 
should  assume  all  those  rights  in  Schleswig.  Further,  it 
contained  a  stipulation  that  it  should  be  proposed  to  the 
Germanic  Diet  to  establish  a  German  fleet,  with  Kiel  as 
a  federal  harbour  for  it ;  that  Kiel  should  be  under  the 
command  of  Prussia,  which  should  be  entitled  to  erect 
fortifications  there,  as  well  as  to  construct  a  North  Sea 
canal ;  that  Austria  should  cede  to  Prussia  her  rights 
over  Lauenburg  against  a  money  payment,  and  other 
minor  stipulations.  Herein  can  be  detected  the  trend  of 
1  Sec  Mowat,  Select  Treaties,  pp.  71-4. 


DISPATCH  OF  EARL  RUSSELL  197 

Prussian  policy  and  aspirations  at  that  time,  which  were 
to  receive  further  development  in  due  course. 

Upon  becoming  aware  of  this  Convention,  Earl  Russell, 
the  English  Secretary  of  State  for  Foreign  Affairs,  addressed 
a  circular  dispatch1  to  certain  of  the  British  ministers 
abroad  expressing  regret  at  the  course  adopted.  The 
Treaty  of  the  Danish  Succession  of  1852,  his  Lordship  said, 
had  been  completely  set  aside  by  Austria  and  Prussia, 
two  of  the  Powers  who  had  signed  it,  notwithstanding 
their  assurances  given  in  1864. 

It  might  have  been  expected  that  when  Treaties  were 
thus  annulled,  the  popular  feeling  of  Germany,  the  wishes 
of  the  Duchies  themselves,  and  the  opinions  of  the  Diet 
so  explicitly  put  forth  by  Austria  and  Prussia  in  the 
sittings  of  the  Conference  of  London,  would  have  been 
recognized  in  their  place.  In  this  manner  if  an  order  of 
Rights  had  been  overthrown,  another  Title  drawn  from  the 
assent  of  the  people  would  have  been  set  up,  and  that 
Title  might  have  been  received  with  respect  and  main- 
tained with  a  prospect  of  permanence. 

But  all  Rights,  old  and  new,  whether  founded  on  the 
solemn  Compact  of  Sovereigns  or  on  the  clear  expression 
of  the  popular  will,  have  been  set  at  naught  by  the  Con- 
vention of  Gastein,  and  the  dominion  of  Force  is  the  sole 
power  acknowledged  and  regarded. 

Violence  and  conquest  are  the  bases  upon  which  alone 
the  Partitioning  Powers  found  their  agreement. 

Her  Majesty's  Government  deeply  lament  the  disregard 
thus  shown  to  the  principles  of  public  right,  and  the 
legitimate  claims  of  a  people  to  be  heard  as  to  the  disposal 
of  their  own  destiny. 

This  instruction,  his  Lordship  added,  does  not  authorize 
you  to  address  observations  on  this  subject  to  the  Court 
to  which  you  are  accredited,  but  is  intended  only  to  point 
out  when  the  opportunity  shall  present  itself  what  is  the 
language  you  are  expected  to  hold. 

The  further  development  of  the  Duchies  question  will 
be  set  forth  in  connexion  with  the  Treaty  of  Prague  of 
August  23,  i866.a 

1  September  14,  1865  ;   Hertslet,  vol.  iii,  p.  1645. 
1  See  pp.  241  ff. 


198  THE  DANISH  DUCHIES 

TREATY  BETWEEN  GREAT  BRITAIN,  AUSTRIA,  FRANCE, 
PRUSSIA,  RUSSIA,  AND  SWEDEN  AND  NORWAY,  ON 
THE  ONE  PART,  AND  DENMARK  ON  THE  OTHER  PART, 
RELATIVE  TO  THE  SUCCESSION  TO  THE  CROWN  OF 
DENMARK.  SIGNED  AT  LONDON,  STH  MAY,  I852.1 

ARTICLE  I.  After  having  taken  into  serious  considera- 
tion the  interests  of  his  Monarchy,  His  Majesty  the  King 
of  Denmark,  with  the  assent  of  His  Royal  Highness  the 
Hereditary  Prince,  and  of  his  nearest  cognates,  entitled 
to  the  Succession  by  the  Royal  Law  of  Denmark,  as  well 
as  in  concert  with  His  Majesty  the  Emperor  of  All  the 
Russias,  Head  of  the  elder  Branch  of  the  House  of  Holstein- 
Gottorp,  having  declared  his  wish  to  regulate  the  order  of 
Succession  in  his  dominions  in  such  manner  that,  in  default 
of  issue  male  in  a  direct  line  from  King  Frederick  III  of 
Denmark,  his  Crown  should  devolve  upon  His  Highness 
the  Prince  Christian  of  Schleswig-Holstein-Sonderbourg- 
Glucksbourg,  and  upon  the  issue  of  the  marriage  of  that 
Prince  with  Her  Highness  the  Princess  Louisa  of  Schleswig- 
Holstein-Sonderbourg-Gliicksbourg,  born  a  Princess  of 
Hesse,  by  order  of  Primogeniture  from  Male  to  Male  ;  the 
High  Contracting  Parties,  appreciating  the  wisdom  of  the 
views  which  have  determined  the  eventual  adoption  of 
that  arrangement,  engage  by  common  consent,  in  case  the 
contemplated  contingency  should  be  realized,  to  acknow- 
ledge in  His  Highness  the  Prince  Christian  of  Schleswig- 
Holstein-Sonderbourg-Glucksbourg,  and  his  issue  male  in 
the  direct  line  by  his  marriage  with  the  said  Princess,  the 
Right  of  Succeeding  to  the  whole  of  the  Dominions  now 
united  under  the  sceptre  of  His  Majesty  the  King  of 
Denmark. 

ARTICLE  II.  The  High  Contracting  Parties,  acknow- 
ledging as  permanent  the  principle  of  the  Integrity  of  the 
Danish  Monarchy,  engage  to  take  into  consideration  the 
further  propositions  which  His  Majesty  the  King  of  Den- 
mark may  deem  it  expedient  to  address  to  them  in  case 
(which  God  forbid)  the  extinction  of  the  issue  male,  in 
the  direct  line,  of  His  Highness  the  Prince  Christian  of 
Schleswig-Holstein-Sonderbourg-Gliicksbourg,  by  his  mar- 
riage with  Her  Highness  the  Princess  Louisa  of  Schleswig- 

1  Translation  as  presented  to  Parliament,  State  Papers,  vol.  xlii, 
p.  13  ;  Hertslet,  vol.  ii.  No.  230. 


TREATY  OF  VIENNA,  1864  199 

Hoist ein-Sonderbourg-Gliicksbourg,  born  a  Princess  of  Hesse, 
should  become  imminent. 

ARTICLE  III.  It  is  expressly  understood  that  the 
reciprocal  Rights  and  Obligations  of  His  Majesty  the  King 
of  Denmark,  and  of  the  Germanic  Confederation,  concern- 
ing the  Duchies  of  Holstein  and  Lauenburg,  Rights  and 
Obligations  established  by  the  Federal  Act  of  1815,  and 
by  the  existing  Federal  Right,  shall  not  be  affected  by  the 
present  Treaty. 

ARTICLE  IV.  The  High  Contracting  Parties  reserve  to 
themselves  to  bring  the  present  Treaty  to  the  knowledge 
of  the  other  Powers,  and  to  invite  them  to  accede  to  it. 

ARTICLE  V.  The  present  Treaty  shall  be  ratified,  and 
the  Ratifications  shall  be  exchanged  at  London  at  the 
expiration  of  6  weeks,  or  sooner  if  possible. 

In  witness  whereof,  the  respective  Plenipotentiaries 
have  signed  the  same,  and  have  affixed  thereto  the  Seal  of 
their  Arms. 

Done  at  London,  the  8th  day  of  May,  in  the  year  of  Our 
Lord,  1852. 

(L.S.)  BILLE.  (L.S.)  MALMESBURY. 

(L.S.)  KUBECK. 

(L.S.)  A.  WALEWSKI. 

(L.S.)  BUNSEN. 

(L.S.)  BRUNNOW. 

(L.S.)  REHAUSEN. 


TREATY  OF  PEACE  BETWEEN  AUSTRIA,  PRUSSIA,  AND 
DENMARK.  SIGNED  AT  VIENNA,  OCTOBER  30™, 
1864.! 

ARTICLE  I.  There  shall  be  in  the  future  peace  and  friend- 
ship between  their  Majesties  the  King  of  Prussia  and  the 
Emperor  of  Austria  and  his  Majesty  the  King  of  Denmark 
as  well  as  between  their  heirs  and  successors,  their  respec- 
tive states  and  subjects  in  perpetuity. 

ARTICLE  II.  All  the  Treaties  and  Conventions  con- 
cluded before  the  war  between  the  High  Contracting 
Parties  are  re-established  in  force  in  so  far  as  they  are  not 
abrogated  or  modified  by  the  tenor  of  the  present  Treaty. 

'Translation  from  State  Papers,  vol.  liv,  p.  522  ;  Hertslet,  vol.  iii 
No.  367.  The  text  as  given  in  Hertslet  omits  Articles  VI  to  XXI. 


200  THE  DANISH  DUCHIES 

ARTICLE  III.  His  Majesty  the  King  of  Denmark  re- 
nounces all  his  rights  over  the  Duchies  of  Schleswig, 
Holstein  and  Lauenburg,  in  favour  of  their  Majesties  the 
King  of  Prussia  and  the  Emperor  of  Austria,  pledging 
himself  to  recognise  the  dispositions  which  their  said 
Majesties  shall  make  with  regard  to  these  Duchies. 

ARTICLE  IV.  The  cession  of  the  Duchy  of  Schleswig 
includes  all  the  islands  belonging  to  that  Duchy  as  well 
as  the  territory  situated  on  terra  firrna. 

In  order  to  simplify  the  delimitation  and  to  put  an  end 
to  the  inconveniences  resulting  from  the  situation  of  the 
Jutland  territory  inclosed  within  the  territory  of  Schleswig, 
His  Majesty  the  King  of  Denmark  cedes  to  their  Majesties 
the  King  of  Prussia  and  the  Emperor  of  Austria  the  Jutland 
possessions  situated  to  the  South  of  the  line  of  southern 
frontier  of  the  district  of  Ribe,  such  as  the  Jutland  territory 
of  Moegeltondern,  the  Island  of  Amrom,  the  Jutland 
portions  of  the  Islands  of  Foehr,  Sylt,  and  Roemoe,  &c. 

On  the  other  hand  their  Majesties  the  King  of  Prussia 
and  the  Emperor  of  Austria  agree  that  an  equivalent 
portion  of  Schleswig  comprising,  besides  the  Island  of  Aeroe, 
territories  which  shall  connect  the  above-mentioned  dis- 
trict of  Ribe  with  the  rest  of  Jutland,  and  which  shall 
correct  the  frontier  line  between  Jutland  and  Schleswig 
on  the  side  of  Kolding,  shall  be  detached  from  the  Duchy 
of  Schleswig  and  incorporated  in  the  Kingdom  of  Denmark. 

ARTICLE  V.  The  new  frontier  between  the  Kingdom  of 
Denmark  and  the  Duchy  of  Schleswig  shall  start  from  the 
middle  of  the  mouth  of  the  bay  of  Hejlsminde  on  the 
little  Belt,  and  after  crossing  that  bay  shall  follow  the 
present  southern  frontier  of  the  parishes  of  Hejls,  Vejstrup, 
and  Taps,  this  last  as  far  as  the  water-course  to  the  south 
of  Gejlbjerg  and  Branore,  thence  following  that  water- 
course from  its  entry  into  the  Fovs-Aa,  along  the  southern 
frontier  of  the  parishes  of  Odis  and  Vandrup,  and  along 
the  Western  frontier  of  this  last  place  as  far  as  K6nigs-Au 
(Konge-Aa)  to  the  North  of  Holte.  From  this  point  the 
'  Thalweg '  of  the  Konigs-Au  (Konge-Aa)  shall  form  the 
frontier  as  far  as  the  eastern  boundary  of  the  parish  of 
Hjortlund.  Starting  from  that  point  the  line  shall  follow 
the  same  boundary  and  its  continuation  as  far  as  the 
projecting  angle  to  the  north  of  the  village  of  Obekjar, 
and  afterwards  the  eastern  frontier  of  that  village  as  far 


TREATY  OF  VIENNA,  1864  201 

as  the  Gjels-Aa.  From  thence  the  eastern  boundary  of 
the  parish  of  Seem  and  the  southern  boundaries  of  the 
parishes  of  Seem,  Ribe,  and  Vester-Vedsted  shall  form  the 
new  frontier,  which,  in  the  North  Sea,  shall  pass  at  an 
equal  distance  between  the  islands  of  Manoe  and  Roemoe. 

As  a  result  of  this  new  delimitation,  all  the  titles  and 
mixed  rights,  secular  as  well  as  spiritual,  which  have 
existed  up  till  now  within  the  enclosures  in  the  islands  and 
in  the  mixed  parishes  are  mutually  declared  extinct. 
Consequently  the  new  sovereign  power  in  each  of  the 
territories  separated  by  the  new  frontier  shall  enjoy  in 
this  respect  its  full  rights. 

ARTICLE  VI.  An  International  Commission  composed 
of  representatives  of  the  High  Contracting  Parties  shall 
be  appointed  immediately  after  the  exchange  of  ratifica- 
tions of  the  present  Treaty  to  carry  out  upon  the  spot 
the  marking  of  the  new  frontier  in  conformity  with  the 
stipulations  of  the  preceding  Article.  This  Commission 
will  also  have  to  divide  between  the  Kingdom  of  Denmark 
and  the  Duchy  of  Schleswig  the  expenses  of  constructing 
the  new  high-road  from  Ribe  to  Tondern  in  proportion 
to  the  extent  of  the  respective  territory  through  which  it 
passes. 

Finally  the  same  Commission  shall  preside  over  the 
division  of  the  landed  and  funded  property  which  up  till 
now  have  belonged  in  common  to  districts  or  communes 
separated  by  the  new  frontier. 

ARTICLE  VII.  The  dispositions  of  Articles  XX,  XXI 
and  XXII  of  the  Treaty  concluded  between  Austria  and 
Russia  on  the  3rd  May  iSi.5,1  which  form  an  integral  part 
of  the  General  Act  of  the  Congress  of  Vienna,  dispositions 
relative  to  mixed  proprietors,  to  the  rights  which  they  shall 
exercise  and  to  the  local  relations  (rapports  de  voisinage)  in 
the  properties  cut  by  the  frontiers,  shall  be  applied  to  the 
proprietors  as  well  as  to  the  properties  which  in  Schleswig 
and  in  Jutland  happen  to  fall  among  the  cases  provided 
for  in  the  above-mentioned  dispositions  of  the  Acts  of 
the  Congress  of  Vienna. 

ARTICLE  VIII.  In  order  to  achieve  an  equitable  division 
of  the  public  debt  of  the  Danish  Monarchy  in  proportion 
to  the  respective  populations  of  the  Kingdom  and  the 
Duchies,  and  to  obviate  at  the  same  time  any  insurmount- 

1  Sec  Stale  Papers,  vol.  ii,  p.  56. 


202  THE  DANISH  DUCHIES 

able  difficulties  which  a  detailed  liquidation  of  the  reciprocal 
rights  and  claims  would  present,  the  High  Contracting 
Parties  have  fixed  the  share  of  the  public  debt  of  the 
Danish  Monarchy  which  shall  be  laid  at  the  charge  of  the 
Duchies,  at  the  round  sum  of  29  million  thalers  (Danish 
money). 

ARTICLE  IX.  The  part  of  the  public  debt  of  the  Danish 
Monarchy,  which,  in  accordance  with  the  preceding  article, 
shall  fall  to  the  charge  of  the  Duchies,  shall  be  paid,  under 
the  guarantee  of  their  Majesties  the  King  of  Prussia  and 
the  Emperor  of  Austria,  as  a  debt  of  the  three  above- 
mentioned  Duchies  to  the  Kingdom  of  Denmark,  in  the 
period  of  one  year  or  sooner  if  possible,  dating  from  the 
definitive  organization  of  the  Duchies. 

For  the  payment  of  this  debt  the  Duchies  may  make 
use,  in  whole  or  in  part,  of  any  of  the  following  methods : 

1.  Payment  in  ready  money  (75  Prussian  thalers  =  100 

thalers  in  Danish  money)  ; 

2.  Remittance  to  the  Danish  Treasury  of  non-redeemable 

(non-remboursables)  bonds  bearing  interest  at  4  per 
cent,  and  belonging  to  the  interior  debt  of  the 
Danish  Monarchy ; 

3.  Remittance  to  the  Danish  Treasury  of  new  State 

obligations  to  be  issued  by  the  Duchies,  the  value 
of  which  shall  be  stated  in  Prussian  thalers  (at  the 
rate  of  30  the  pound)  or  in  bank  marks  of  Hamburg, 
and  which  shall  be  paid  off  by  means  of  a  half- 
yearly  annuity  of  3  per  cent,  of  the  original  principal 
of  the  debt,  of  which  2  per  cent,  shall  represent  the 
interest  of  the  debt  due  at  each  term,  while  the 
remainder  shall  be  paid  by  way  of  sinking  fund 
(amortissement). 

The  above-mentioned  payment  of  the  half-yearly  annuity 
of  3  per  cent,  shall  be  made  not  only  by  the  public  treasuries 
of  the  Duchies  but  also  by  the  banking-houses  of  Berlin 
and  Hamburg. 

The  obligations  mentioned  under  2  and  3  shall  be 
received  by  the  Danish  Treasury  at  their  face  value. 

ARTICLE  X.  Up  till  the  period  when  the  Duchies  shall 
be  definitively  charged  with  the  sum  which  they  shall  have 
to  pay  in  accordance  with  Article  VIII  of  the  present 
Treaty,  instead  of  their  quota  of  the  public  debt  of  the 


TREATY  OF  VIENNA,  1864  203 

Danish  Monarchy,  they  shall  pay  half-yearly  2  per  cent, 
of  the  said  sum,  that  is  580,000  thalers  (Danish  money). 
This  payment  shall  be  carried  out  in  such  a  way  that  the 
interest  and  the  charges  of  the  Danish  debt  which  have 
been  met  up  till  now  by  the  public  treasuries  of  the  Duchies 
shall  be  also  henceforward  paid  by  these  same  treasuries. 
These  payments  shall  be  made  each  half-year,  and  in  the 
case  where  they  would  not  amount  to  the  above-mentioned 
sum,  the  Duchies  shall  have  to  pay  the  remainder  to  the 
Danish  Treasury  in  ready  money ;  in  the  contrary  case 
the  surplus  shall  be  paid  back  to  them  also  in  ready 
money. 

The  liquidation  shall  be  carried  out  between  Denmark 
and  the  authorities  charged  with  the  superior  administra- 
tion of  the  Duchies  after  the  method  stipulated  in  the 
present  Article  or  every  quarter  in  so  far  as  on  the  one 
side  and  on  the  other  it  shall  be  judged  necessary.  The 
first  payment  shall  have  specially  for  its  object  all  the 
interest  and  charges  of  the  public  debt  of  the  Danish 
Monarchy  paid  after  the  23rd  December,  1863. 

ARTICLE  XL  The  sums  representing  the  equivalent  of  the 
so-called  '  Holstein-Ploen ',  the  remainder  of  the  indemnity 
for  the  former  possessions  of  the  Duke  of  Augustenburg, 
including  the  prior  debt  with  which  they  are  encumbered 
and  the  '  domain '  obligations  of  Schleswig  and  Holstein, 
shall  be  laid  exclusively  to  the  charge  of  the  Duchies. 

ARTICLE  XII.  The  Governments  of  Prussia  and  of 
Austria  shall  be  reimbursed  by  the  Duchies  for  the  expenses 
of  the  war. 

ARTICLE  XIII.  His  Majesty  the  King  of  Denmark 
pledges  himself  to  restore  immediately  after  the  exchange 
of  ratifications  of  the  present  Treaty,  with  their  cargoes,  all 
the  Prussian,  Austrian,  and  German  merchant  vessels  taken 
during  the  war,  as  well  as  the  cargoes  belonging  to  Prussian, 
Austrian,  and  German  subjects  seized  on  neutral  vessels  ; 
as  well  as  all  the  vessels  seized  by  Denmark  for  military 
reasons  in  the  ceded  Duchies. 

The  goods  here  mentioned  shall  be  surrendered  in  the 
condition  in  which  they  happen  to  be,  bona  fide,  at  the 
time  of  their  restitution. 

In  cases  in  which  the  goods  to  be  surrendered  no  longer 
exist,  the  value  shall  be  handed  over,  and  if  they  have  lost 
considerably  in  value  since  their  seizure,  the  owners  shall 


204  THE  DANISH  DUCHIES 

be  indemnified  in  proportion.  Further,  it  is  recognized  as 
obligatory  to  indemnify  the  freighter  and  the  crew  of  the 
vessels  and  the  owners  of  cargoes  for  all  the  expenses  and 
direct  losses  which  shall  be  proved  to  have  been  caused  by 
the  seizure  of  the  ships,  such  as  the  harbour-dues  or  road- 
stead-dues (Liegegelder),  expenses  of  court,  and  expenses 
incurred  for  the  up-keep  or  the  homeward  journey  of  the 
ships  and  their  crews. 

As  for  the  ships  which  cannot  actually  be  given  back, 
the  indemnities  to  be  granted  shall  be  reckoned  upon  the 
basis  of  the  value  which  these  ships  bore  at  the  time  of 
their  capture.  As  regards  the  damaged  cargoes  or  those 
which  no  longer  exist,  the  indemnity  shall  be  fixed  according 
to  the  value  which  they  would  have  had  at  the  place  of  their 
destination  at  the  time  when  the  vessel  should  have  reached 
it  on  a  calculation  of  probabilities. 

Their  Majesties  the  King  of  Prussia  and  the  Emperor  of 
Austria  in  a  similar  manner  shall  cause  the  restitution 
of  merchant  ships  taken  by  their  troops  or  their  ships  of 
war,  as  well  as  their  cargoes,  in  so  far  as  they  belonged  to 
private  persons. 

If  the  restitution  cannot  actually  be  made,  the  indemnity 
shall  be  fixed  according  to  the  principles  indicated  above. 

Their  said  Majesties  pledge  themselves  at  the  same  time 
to  include  in  their  statement  of  accounts  the  sum  of  the 
contributions  of  war  raised  in  ready  money  by  their  troops 
in  Jutland.  This  sum  shall  be  deducted  from  the  indem- 
nities to  be  paid  by  Denmark  according  to  the  principles 
established  by  the  present  Article. 

Their  Majesties  the  King  of  Prussia,  the  Emperor  of 
Austria,  and  the  King  of  Denmark  shall  appoint  a  special 
Commission,  which  shall  fix  the  amount  of  the  respective 
indemnities  and  which  shall  assemble  at  Copenhagen  not 
later  than  6  weeks  after  the  exchange  of  ratifications  of 
the  present  Treaty. 

This  Commission  shall  endeavour  to  accomplish  its  task 
in  the  space  of  3  months.  If,  after  that  time,  it  has  not 
been  able  to  agree  upon  all  the  claims  presented  to  it, 
those  claims  which  have  not  been  decided  shall  be  sub- 
mitted to  the  decision  of  an  arbitrator.  In  this  event 
their  Majesties  the  King  of  Prussia,  the  Emperor  of  Austria, 
and  his  Majesty  the  King  of  Denmark  shall  come  to  an 
understanding  as  to  the  choice  of  an  arbitrator. 


TREATY  OF  VIENNA,  1864  205 

The  indemnities  shall  be  paid  at  the  latest  4  weeks 
afrer  having  been  definitively  fixed. 

ARTICLE  XIV.  The  Danish  Government  shall  be  charged 
with  the  reimbursement  of  all  the  sums  paid  by  the  subjects 
of  the  Duchies,  by  the  communes,  public  establishments 
and  corporations  into  the  Danish  public  treasuries  as 
pledge,  deposit,  or  security. 

Moreover  the  following  shall  be  reimbursed  to  the 
Duchies : 

1.  The  deposits  allocated  to  the  redemption  of  the 

Holstein  treasury  bonds  (Kassenscheine)  ; 

2.  The  funds  destined  for  the  construction  of  prisons ; 

3.  The  funds  of  insurances  against  fire  ; 

4.  Deposit  accounts  (Caisse  des  depdts). 

5.  The  capital  arising  from  bequests  belonging  to  com- 

munes or  public  institutions  in  the  Duchies. 

6.  The  funds  in  cash  (Kassenbehalte)  arising  from  special 

receipts  of  the  Duchies  and  which  were  bona  fide 
their  public  cash  at  the  time  of  the  federal  execution 
and  of  the  occupation  of  those  countries. 

An  International  Commission  shall  be  charged  with  the 
liquidation  of  the  total  of  the  above-mentioned  sums, 
deducting  the  expenses  incurred  in  the  special  administra- 
tion of  the  Duchies. 

The  collection  of  antiquities  at  Flensburg,  which  was 
connected  with  the  history  of  Schleswig,  but  which  has 
been  in  great  part  dispersed  during  the  late  events,  shall 
again  be  collected  there  with  the  help  of  the  Danish  Govern- 
ment. 

Furthermore,  Danish  subjects,  communes,  public  estab- 
lishments and  corporations  which  shall  have  deposited 
money  as  pledge,  deposit,  or  security  in  the  public  treasuries 
of  the  Duchies  shall  be  accurately  reimbursed  by  the  new 
Government. 

ARTICLE  XV.  The  pensions  charged  upon  the  special 
budgets,  either  of  the  Kingdom  of  Denmark  or  of  the 
Duchies,  shall  continue  to  be  paid  by  the  respective  coun- 
tries. The  recipients  shall  be  at  liberty  to  choose  their 
domicile  either  in  the  Kingdom  or  in  the  Duchies. 

All  the  other  pensions,  civil  as  well  as  military  (includ- 
ing the  pensions  of  the  employees  on  the  Civil  List  of  his 
late  Majesty,  King  Frederick  VII,  of  his  late  Royal  High- 


206  THE  DANISH  DUCHIES 

ness  Prince  Ferdinand  and  of  her  late  Royal  Highness  the 
Landgrave  Charlotte  of  Hesse,  ne'e  Princess  of  Denmark, 
and  the  pensions  which  have  been  paid  up  till  now  by  the 
Secretary  of  Bounties  (Secretariat  des  Graces)  shall  be 
divided  between  the  Kingdom  and  the  Duchies  according 
to  the  proportion  of  their  respective  populations. 

For  this  purpose  it  has  been  agreed  to  have  a  list  drawn 
up  of  all  these  pensions,  to  convert  their  value  as  life- 
interest  into  capital,  and  invite  all  the  recipients  to  declare 
if,  in  the  future,  they  desire  to  draw  their  pensions  in  the 
Kingdom  or  in  the  Duchies. 

Should  it  happen  that  as  a  result  of  these  options  the 
proportion  between  the  two  quotas,  that  is  to  say,  between 
the  share  falling  to  the  charge  of  the  Duchies  and  that 
remaining  to  the  charge  of  the  Kingdom,  should  not  be  in 
conformity  with  the  proportional  principle  of  the  respective 
populations,  the  difference  shall  be  paid  by  the  party 
which  it  concerns. 

The  pensions  charged  on  the  general  fund  for  widows 
and  on  the  pension  fund  for  military  subalterns  shall 
continue  to  be  paid  as  in  the  past,  in  so  far  as  the 
funds  suffice.  As  regards  the  supplementary  sums  which 
the  State  will  have  to  pay  to  these  funds,  the  Duchies 
shall  be  responsible  for  a  share  of  these  supplementary 
sums  according  to  the  proportion  of  their  respective 
populations. 

Their  share  in  the  institution  for  life  annuities  and  life 
assurances  founded  in  1842  in  Copenhagen,  in  which  indi- 
vidual natives  of  the  Duchies  have  acquired  rights,  is 
expressly  reserved  for  them. 

An  International  Commission  composed  of  representatives 
of  the  two  parties  shall  meet  at  Copenhagen  immediately 
after  the  exchange  of  ratifications  of  the  present  Treaty, 
to  regulate  in  detail  the  stipulations  of  this  Article. 

ARTICLE  XVI.  The  Royal  Government  of  Denmark 
shall  be  responsible  for  the  payment  of  the  following 
appanages  :  of  her  Majesty  the  Dowager  Queen  Caroline 
Amelia,  of  her  Royal  Highness  the  Hereditary  Princess 
Caroline,  of  her  Royal  Highness  the  Duchess  Wilhelmina 
Maria  of  Gliicksbourg,  of  her  Highness  the  Duchess  Caroline 
Charlotte  Marianne  of  Mecklenburg-Strelitz,  of  her  High- 
ness the  Dowager  Duchess  Louise  Caroline  of  Gliicksbourg, 
of  his  Highness  Prince  Frederick  of  Hesse,  of  their  Royal 


TREATY  OF  VIENNA,  1864        .         207 

Highnesses  the  Princesses  Charlotte,  Victoria  and  Amelia 
of  Schleswig-Holstein-Sonderbourg-Augustenbourg. 

The  quota  of  this  payment  falling  to  the  charge  of  the 
Duchies  according  to  the  proportion  of  their  populations, 
shall  be  reimbursed  to  the  Danish  Government  by  that  of 
the  Duchies. 

The  Commission  mentioned  in  the  preceding  article  shall 
be  also  responsible  for  making  the  arrangements  necessary 
for  the  execution  of  the  present  Article. 

ARTICLE  XVII.  The  new  Government  of  the  Duchies 
succeeds  to  the  rights  and  obligations  resulting  from  con- 
tracts regularly  stipulated  by  the  administration  of  His 
Majesty  the  King  of  Denmark  for  the  objects  of  public 
interest  specially  concerning  the  countries  ceded. 

It  is  understood  that  all  the  obligations  resulting-  from 
contracts  stipulated  by  the  Danish  Government  in  relation 
to  the  war  and  to  the  federal  execution  are  not  included 
in  the  preceding  stipulation. 

The  new  Government  of  the  Duchies  shall  respect  every 
right  legally  acquired  by  individuals  and  civilians  in  the 
Duchies. 

In  the  case  of  disputed  claims  the  tribunals  shall  investi- 
gate affairs  in  this  category. 

ARTICLE  XVIII.  The  original  natives  of  the  ceded 
territories,  being  members  of  the  Danish  Army  or  Navy, 
shall  have  the  right  of  being  liberated  immediately  from 
military  service  and  of  returning  to  their  homes. 

It  is  understood  that  those  among  them  who  shall 
remain  in  the  service  of  his  Majesty  the  King  of  Denmark, 
shall  not  be  in  any  way  molested  for  that  reason  either  in 
regard  to  their  persons  or  to  their  property. 

The  same  rights  and  guarantees  shall  be  severally 
secured  to  civil  employees,  natives  of  Denmark  or  of  the 
Duchies,  who  shall  manifest  their  intention  of  leaving  the 
posts  they  occupied  either  in  the  service  of  Denmark  or 
of  the  Duchies,  or  who  shall  prefer  to  retain  their  situations. 

ARTICLE  XIX.  The  subjects  domiciled  on  the  territories 
ceded  by  the  present  Treaty  shall,  during  the  space  of 
6  years  from  the  day  of  the  exchange  of  ratifications  of 
the  present  Treaty  and  after  making  a  previous  declaration 
to  the  competent  authority,  have  the  full  and  complete 
power  to  export  their  movable  property,  free  of  duty,  and 
to  withdraw  with  their  families  into  the  States  of  his 


208  THE  DANISH  DUCHIES 

• 

Danish  Majesty,  in  which  case  they  shall  retain  their  status 
as  Danish  subjects.  They  shall  be  free  to  keep  their  real 
estate  situated  on  ceded  territory. 

The  same  facilities  are  granted  reciprocally  to  Danish 
subjects  and  to  natives  of  the  ceded  territories  who  are 
settled  in  the  States  of  his  Majesty  the  King  of  Denmark. 

The  subjects  who  shall  make  use  of  the  facilities  here 
stated  shall  not  be  subjected,  as  a  result  of  their  choice, 
to  any  molestation  on  the  one  part  or  on  the  other,  either 
in  regard  to  their  persons  or  in  regard  to  their  property 
situated  in  the  respective  states. 

The  above-mentioned  delay  of  6  years  shall  apply  also 
to  the  native  subjects  of  the  Kingdom  of  Denmark  as  well 
as  to  those  of  the  ceded  territories  who,  at  the  time  of  the 
exchange  of  ratifications  of  the  present  Treaty,  shall  find 
themselves  to  be  outside  the  territory  of  the  Kingdom  of 
Denmark  or  of  the  Duchies.  Their  declaration  can  be 
received  by  the  nearest  Danish  mission  or  by  the  superior 
authority  of  any  province  of  the  Kingdom  or  of  the  Duchies. 

The  rights  of  citizenship,  not  only  in  the  Kingdom  of 
Denmark  but  also  in  the  Duchies,  are  preserved  for  all 
individuals  who  hold  them  at  the  time  of  the  exchange 
of  ratifications  of  the  present  Treaty. 

ARTICLE  XX.  The  deeds  of  property,  documents  of  the 
administration  and  civil  justice,  concerning  the  ceded 
territory  which  are  in  the  archives  of  the  Kingdom  of 
Denmark  shall  be  dispatched  to  the  Commissioners  of  the 
new  Government  of  the  Duchies  as  soon  as  possible. 

Similarly,  all  those  portions  of  the  archives  of  Copenhagen 
which  have  belonged  to  the  ceded  Duchies  and  have  been 
extracted  from  their  archives  shall  be  delivered  to  them 
with  the  rolls  and  registers  relative  to  them. 

The  Danish  Government  and  the  new  Government  of 
the  Duchies  pledge  themselves  reciprocally  to  produce,  on 
the  request  of  the  superior  administrative  authorities,  all 
the  documents  and  information  relative  to  matters  concern- 
ing alike  Denmark  and  the  Duchies. 

ARTICLE  XXI.  The  commerce  and  navigation  of  Den- 
mark and  the  ceded  Duchies  shall  reciprocally  in  both 
countries  enjoy  the  rights  and  privileges  of  the  most 
favoured  nation,  until  special  Treaties  shall  be  drawn  up 
to  regulate  these  matters. 

The  exemptions  and  facilities  with  regard  to  the  rights 


TREATY  OF  VIENNA,  1864  209 

of  transit  which  in  virtue  of  Article  II  of  the  Treaty  of 
March  14, 1857,1  have  been  granted  for  merchandise  passing 
along  the  roads  and  canals  which  connect  or  will  connect 
the  Sea  of  Ford  with  the  Baltic  Sea  shall  be  applicable  for 
merchandise  crossing  the  Kingdom  .and  the  Duchies  by 
any  means  of  communication  whatsoever. 

ARTICLE  XXII.  The  evacuation  of  Jutland  by  the  allied 
troops  shall  be  effected  with  the  shortest  possible  delay, 
at  the  latest  in  the  space  of  3  weeks  after  the  exchange  of 
ratifications  of  the  present  Treaty. 

The  special  dispositions  relative  to  the  evacuation  are 
contained  in  a  Protocol  annexed  to  the  present  Treaty.2 

ARTICLE  XXIII.  In  order  to  contribute  to  the  utmost 
to  the  pacification  of  the  inhabitants,  the  High  Contracting 
Parties  declare  and  promise  that  any  individual  implicated 
at  the  time  in  recent  events,  of  whatever  class  or  condition 
he  may  be,  shall  not  be  pursued,  molested,  or  disturbed 
in  regard  to  his  person  or  his  property  by  reason  of  his 
conduct  or  of  his  political  opinions. 

ARTICLE  XXIV.  The  present  Treaty  shall  be  ratified 
and  its  ratifications  shall  be  exchanged  at  Vienna  within 
the  space  of  3  weeks  or  sooner  if  possible. 

In  testimony  whereof  the  respective  Plenipotentiaries 
have  signed  it  and  have  affixed  thereto  the  seal  of  their 
arms. 

Done  at  Vienna  the  30th  day  of  the  month  of  October, 
in  the  year  of  Our  Lord  1864. 

(L.S.)  QUAADE.       (L.S.)  WERTHER. 

(L.S.)  KAUFFMANN.    (L.S.)  BALAN. 

(L.S.)  RECHBERG. 

(L.S.)  BRENNER. 

1  See  State  Papers,  vol.  xlvii,  p.  24. 

*  For  Protocol,  see  State  Papers,  vol.  liv,  p.  531. 


1003 


CHAPTER  VII 
THE  UNION  OF  ITALY 

Vienna  Congress  Treaty  and  Italy  —  Swiss  Neutrality  —  Chablaia 
and  Faucigny  —  Italy  in  the  Eighteenth  Century  —  Napoleonic 
Period  —  Movements  of  1848  and  1849  —  War  of  1859  —  Pre- 
liminaries of  Villafranca  —  Congress  proposed  —  Plebiscites  in 
the  Duchies  —  Peace  of  Zurich  —  Failure  of  proposal  for  Congress 

—  Lord  John  Russell's  dispatch  —  Proposed  Italian  Confedera- 
tion — The  Duchies  —  Sardinian  Annexations — Cession  of  Savoy — 

—  Annexation  of  Naples  —  Kingdom  of  Italy  —  War  of  1 866  — 
Mediation  of  France  —  Treaty  of  Prague  —  Treaty  of  Vienna  ( 1 866) 

—  Plebiscite  in  Venetia  —  Rome  as  capital  of  Italy. 

Texts  .>  The  Treaty  of  Zurich  (1859)  —  The  Treaty  of  Vienna,  1866. 

THE  territories,  with  their  boundaries,  appertaining  to 
Sardinia  and  to  Austria,  were  indicated  in  Articles  LXXXV 
onwards  of  the  Congress  Treaty  of  Vienna  of  1815  (see 
p.  79).  Amongst  others,  the  States  which  constituted  the 
former  Republic  of  Genoa  were  assigned  to  Sardinia,  and 
to  Austria  the  territories  of  Venetia  and  Lombardy. 

The  neutrality  of  Switzerland  was  guaranteed  by  the 
eight  Powers  in  a  Declaration  signed  at  Vienna  on  March  20, 
1815.  This  Declaration  formed  Annex  XI  A  to  the  Vienna 
Congress  Treaty.  The  Swiss  Confederation  accepted  this 
Declaration  by  an  Act  signed  at  Zurich  May  27,  1815, 
forming  Annex  XI  B  to  that  Treaty.  Article  XCII  of  the 
Congress  Treaty  declared  that  the  Provinces  of  Chablais 
and  Faucigny  and  the  territory  of  Savoy  to  the  north  of 
Ugine,  belonging  to  the  King  of  Sardinia,  should  form 
part  of  the  neutrality  of  Switzerland  as  so  guaranteed. 
Article  CIII  restored  territories  to  the  Holy  See,  and 
Article  CIV  restored  King  Ferdinand  IV  and  his  heirs  to 
the  throne  of  Naples  and  acknowledged  him  as  King  of 
the  Two  Sicilies. 


THE 

UN  ION  OF  ITALY 
I859-7O 


Piedmont  Santinis  in  April 
Aildtd  in  November  I8S9 
AJdc.il  in  March  I860 
Addtd  October  November  if 60 
Added  October  IB66 
Addeo  October  1870 
Lost   March   IB6O 

istricts  claimut  ty  Italy  IBIt 


P  2 


212  THE  UNION  OF  ITALY 

The  condition  of  Italy  in  the  eighteenth  century  may  be 
briefly  summed  up.  Her  people  were  sunk  in  apathy 
under  the  rule  of  foreign  princes,  who,  with  the  exception 
perhaps  of  the  Habsburg  line  in  Tuscany,  entertained 
a  complete  disregard  for  their  welfare.  In  Savoy  and 
Piedmont  there  was  a  semblance  of  national  life,  because 
the  rulers  were  native  and  governed  with  commendable 
uprightness :  territorial  expansion  was  their  constant 
ambition.  Following  on  the  war  of  the  Spanish  Succession, 
Austria  (1713)  had  succeeded  to  the  Spanish  dominions  in 
Italy,  and  though  in  1738  she  surrendered  the  Two  Sicilies 
to  the  Spanish  Bourbon  line,  she  remained  the  dominant 
power,  controlling  the  smaller  States.  In  South  Italy 
misgovernment  produced  a  constant  ferment  of  discontent. 
The  Papal  States,  under  clerical  government,  were  in 
a  deplorable  condition,  and,  as  in  South  Italy,  the  well- 
being  of  the  people  was  neglected.  It  was  the  Napoleonic 
invasions  which  first  stirred  the  lethargic  mass  into  con- 
sciousness of  a  common  life.  In  1796  the  French  Army 
first  entered  Italy,  driving  the  Austrians  before  them, 
and  establishing  republics  or  annexing  territory  to  France. 
Napoleon's  second  invasion  in  1800  resulted  in  the  defeat 
of  the  Austrians,  and  in  due  course  led  to  his  own  acquisi- 
tion of  the  Crown  of  Italy. 

After  the  fall  of  Napoleon  came  the  Congress  of  Vienna, 
and  the  territorial  and  constitutional  arrangements  above 
alluded  to.  Nevertheless  matters  did  not  greatly  mend. 
The  former  rulers  resumed  ascendancy,  the  old  privileges 
of  nobles  and  clergy  were  restored,  with  the  old  abuses  ; 
but  Italy,  profiting  by  past  experience,  no  longer  submitted 
tamely.  Revolutions  recurred  at  intervals,  both  in  Northern 
and  Southern  Italy  as  well  as  in  the  Papal  States.  In  1848, 
at  a  time  of  general  unrest  in  Europe,  Lombardy  and  Venice 
revolted,  and  being  supported  by  Sardinia,  war  with 
Austria  ensued.  The  latter  was  eventually  victorious,  and 
on  August  6,  1849,  a  Treaty  of  Peace  was  concluded  at 


WAR  OF  1859  2I3 

Milan  between  Austria  and  Sardinia1  (the  Dukes  of 
Modena  and  Parma  afterwards  acceding  to  it),  wherein 
the  boundaries  of  Sardinia  were  declared  to  be  those  speci- 
fied in  Article  LXXXV  of  the  Congress  Treaty  of  Vienna. 
No  prospect  of  success  to  the  efforts  of  Sardinia  to  shake 
off  the  Austrian  yoke  manifested  itself  until  1858,  when 
Sardinia  and  France,  each  animated  by  interests  of  her 
own,  approached  the  question  in  concert,  and  it  became 
manifest  in  the  early  days  of  1859  that  war  between  those 
two  Powers  and  Austria  was  imminent. 

The  Swiss  Government,  while  declaring  their  neutrality 
in  the  event  of  war,  were  much  exercised  in  mind  over  the 
question  whether  the  passage  of  French  troops  into  Pied- 
mont by  the  Victor  Emmanuel  Railway,  which  passed 
through  a  portion  of  the  neutral  territory,  would  be  deemed 
to  be  a  breach  of  the  neutrality  declared  by  the  Congress 
Treaty  of  1815.  They  held,  however,  that  the  negotiators 
of  that  treaty  did  not  intend  to  cut  off  communication 
with  Piedmont,  otherwise  they  would  have  included  in 
the  neutral  territory  the  then  existing  road  to  Chambery. 
They  therefore  decided  to  raise  no  obstacle  to  the  use  of 
the  railway  by  French  troops  in  transit.2  But  the  ques- 
tion did  not  assume  an  acute  form.  Proposals  were  then 
made,  originating  with  Russia,  and  supported  by  Great 
Britain,  for  assembling  a  Congress  of  the  Powers  to  consider 
the  relations  between  Austria  and  Sardinia  with  a  view 
to  averting  war,  the  questions  for  discussion  being  the 
evacuation  of  the  Papal  States  by  the  armies  of  Austria 
and  France,  the  reform  of  the  Papal  and  other  Govern- 
ments, the  safeguarding  of  Sardinia  against  invasion  by 
Austria,  and  the  substitution  of  a  new  arrangement  for 
ensuring  the  internal  security  of  the  smaller  States,  in  lieu 
of  the  Austrian  Treaties  of  1847.*  It  was  suggested  that 
this  arrangement  should  take  the  form  of  a  confederation 

1  State  Papers,  vol.  xxxviii,  p.  1239. 

1  Ibid.,  vol.  Ivii,  pp.  170-2.  *  Ibid.,  vol.  Ivii,  pp.  176  ff. 


214  THE  UNION  OF  ITALY 

of  the  smaller  Italian  States.  The  treaties  here  alluded 
to  were  the  Treaty  of  Offensive  and  Defensive  Alliance 
between  Austria  and  Modena  of  December  24,  1847,  for 
mutual  assistance  in  case  of  attack,  and  a  similar  treaty 
between  Austria  and  Parma  of  February  4,  I848.1  But  so 
many  difficulties  arose  in  the  course  of  the  negotiations  as  to 
what  States  were  to  be  admitted  and  what  points  discussed, 
that  the  idea  of  settling  the  questions  at  issue  by  means 
of  a  Congress  was  finally  abandoned  ;  and  Austria,  after 
addressing  an  ultimatum  to  Sardinia  requiring  her  to 
disarm,  declared  war  against  that  Power  on  April  28, 
i859.2  The  Grand  Duke  of  Tuscany  and  the  Duke  of 
Modena  thereupon  abandoned  their  respective  Duchies 
and  joined  the  Austrian  forces.  The  Emperor  of  Austria's 
manifesto  declaring  war  laid  all  the  blame  upon  Sardinia, 
who,  it  was  stated,  notwithstanding  the  moderation  of 
Austria  in  not  annexing  territory  on  the  conclusion  of 
Peace  in  1849,  had  ever  since  agitated  by  all  the  expedients 
of  perfidy  against  the  peace  and  welfare  of  the  Lombardo- 
Venetian  Kingdom.  The  Italian  proclamation  announcing 
war  with  Austria,  dated  April  29,  1859,*  accused  Austria 
of  refusing  the  proposed  Congress  and  of  attacking  Piedmont 
because  she  had  advocated  the  cause  of  the  Italians  in  the 
Councils  of  Europe  :  Austria  had  thus  violently  broken 
the  treaties  which  she  had  never  respected.  On  May  3, 
France  declared  war  against  Austria. 

The  French  and  Sardinian  armies  thereupon  invaded 
Lombardy,  defeated  the  Austrians  at  Magenta  (June  4, 
1859),  and  subsequently  at  Solferino  (June  24,  1859). 
France,  mindful  of  the  dangers  which  threatened  in  the 
event  of  a  continuance  of  the  war,  with  the  reluctant 
acquiescence  of  Sardinia,  then  signed  Preliminary  Articles 
of  Peace  with  Austria  at  Villafranca  on  July  u,  1859.* 

1  Slate  Papers,  vol.  xxxvi,  pp.  1169-71. 

*  Ibid.,  vol.  Ivii,  p.  228.  »  Ibid.,  vol.  Ivii,  p.  236. 

«  Ibid.,  vol.  xlix,  p.  362. 


PRELIMINARIES  OF  VILLAFRANCA         215 

These  Preliminaries  declared  that  the  two  sovereigns 
favoured  the  creation  of  an  Italian  Confederation  under 
the  honorary  presidency  of  the  Holy  Father  ;  that  Austria 
ceded  to  France  her  rights  over  Lombardy  ;  that  France 
should  present  the  ceded  territory  to  Sardinia ;  that 
Venetia  should  form  part  of  the  Italian  Confederation, 
whilst  remaining  subject  to  the  Crown  of  Austria  ;  that 
the  Grand  Duke  of  Tuscany  and  the  Duke  of  Modena 
should  return  to  their  States ;  and  that  the  Pope  should 
be  requested  to  introduce  reforms  in  his  territories. 

A  definitive  Peace  was  signed  at  Zurich  on  November  10, 
1859.  There  were  in  fact  three  treaties  signed  on  that 
day,  one  between  Austria  and  France,  one  between  France 
and  Sardinia,  and  one  between  Austria,  France,  and 
Sardinia  conjointly.1  The  Plenipotentiaries  who  negotiated 
these  treaties  met  at  Zurich  in  August  1859. 

Before  examining  the  provisions  of  these  treaties  it  will 
be  convenient  to  detail  briefly  the  international  discussions 
which  were  entered  upon  immediately  on  the  signature 
of  the  preliminaries  of  peace,  and  which  were  continued 
until  the  month  of  January  i86o.2 

As  soon  as  the  Preliminaries  of  Villafranca  had  been 
signed,  Great  Britain,  always  mindful  of  the  true  interests 
of  Italy  and  also,  no  doubt,  of  her  own  interest  in  the 
preservation  of  peace  in  Europe,  inquired  of  the  British 
Ambassador  at  Paris  what  were  the  arrangements  therein 
made,  what  arrangements  remained  to  be  considered,  and 
what  means  were  in  contemplation  for  carrying  the  pro- 
posed arrangements  into  effect.  Lord  Cowley,  the  Ambas- 
sador in  question,  furnished  the  substance  of  the  Prelimi- 
naries, as  given  above.  He  stated  that  the  details  for 
carrying  them  into  effect  must,  in  the  opinion  of  the  French 
Government,  emanate  from  a  congress  or  conference  of 
the  Powers.  The  French  Government  were  further  of 

1  State  Papers,  vol.  xlvii,  pp.  364,  371,  377. 
'  Ibid.,  vol.  xlix,  pp.  87-361. 


216  THE  UNION  OF  ITALY 

opinion  that  it  should  be  optional  for  all  the  Italian  sove- 
reigns to  join  or  not  to  join  the  proposed  Confederation, 
that  the  French  troops  should  leave  Rome  on  the  formation 
of  the  Confederation,  and  that  neither  Austrian  nor  French 
troops  should  occupy  the  Legations.1 

Great  Britain  was  opposed  to  the  idea  of  a  Confedera- 
tion such  as.  was  suggested,  on  the  ground  that  it  would 
rivet  more  firmly  the  preponderance  of  Austria  which  it 
was  the  object  of  the  late  war  to  put  an  end  to.2  She  was 
also  opposed  to  the  employment  of  force  for  the  re-estab- 
lishment of  the  former  rulers  of  Tuscany,  Modena,  &c., 
upon  their  respective  thrones.  The  Pope  was  opposed  to 
reforms  which  included  lay  government  in  the  Legations, 
although  His  Holiness  offered  reforms  which,  on  examina- 
tion, were  deemed  to  be  of  little  value.  Tuscany  was 
opposed  to  the  return  of  the  Grand  Ducal  family  to  the 
throne,  which  could  only  be  maintained  by  the  assistance 
of  foreign  bayonets.  Russia  declined  to  take  the  initiative 
in  calling  together  a  congress,  but  would  not  refuse  to 
take  part  in  it  provided  that  both  England  and  Prussia 
did  so.  Other  Powers  also  entertained  special  views  on 
particular  points. 

On  August  16,  1859,  the  Tuscan  Assembly  voted  unani- 
mously that  they  could  neither  recall  nor  receive  the  Austrian 
dynasty  of  Lorraine  to  reign  again  in  Tuscany.  On  the 
2oth  of  the  same  month  they  voted,  also  unanimously,  in 
favour  of  annexing  the  Grand  Duchy  to  Piedmont  under 
the  sceptre  of  King  Victor  Emmanuel. 

In  the  same  way,  the  National  Assembly  of  Modena 
voted  unanimously  on  August  20,  1859,  that  the  Duke  of 
Modena  was  deposed  from  the  throne  of  that  Duchy  and 
that  no  member  of  the  House  of  Lorraine  could  be  received 
to  reign  over  it ;  and  on  the  following  day  they  voted, 

1  The  Legations  were  the  twenty  administrative  divisions  of  the 
Papal  States,  governed  by  Legates. 

3  An  interesting  dispatch  by  Lord  John  Russell.  See  State  Papers, 
vol.  xlix,  p.  no. 


PEACE  OF  ZURICH  217 

also  unanimously,  the  annexation  of  that  Duchy  to  Pied- 
mont. The  Duchy  of  Parma  adopted  a  similar  course.  In 
the  meantime  temporary  governments  had  been  established 
in  those  Duchies,  following  on  what  was  termed  the  deser- 
tion of  their  territories  by  their  rulers  to  join  the  armies 
of  their  enemies.  Romagna  (Papal  State)  also  set  up  a 
temporary  government. 

All  this  time  the  negotiations  between  France  and 
Austria  at  Zurich  for  the  conclusion  of  a  definitive  peace 
were  being  slowly  and  laboriously  carried  on  in  the  face 
of  the  difficulties  created  by  the  divergent  views  of  the 
Powers  in  connexion  with  the  proposed  congress  and  by 
the  action  of  the  Italian  States. 

At  length,  before  any  final  decision  was  arrived  at  con- 
cerning the  meeting  of  the  congress  (though  its  acceptance 
was  confidently  expected),  the  three  treaties  above  speci- 
fied were  signed  at  Zurich  on  November  10,  1859,  an(^  tne 
ratifications  of  them  were  exchanged  on  the  2ist  of  that 
month.  In  their  main  provisions  these  treaties  were 
a  mere  reproduction  of  the  Preliminaries  of  Villafranca. 

The  preamble  of  the  Treaty  between  Austria  and  France 
declared  its  object  to  be  to  put  an  end  to  the  calamities 
of  war  and  to  prevent  the  recurrence  of  the  complications 
which  gave  rise  to  it  by  assisting  to  place  on  solid  and 
durable  bases  the  internal  and  external  independence  of 
Italy.  Article  IV  of  the  treaty  provided  for  the  cession 
of  Lombardy  by  Austria  to  France,  except  the  fortresses 
of  Peschiera  and  Mantua,  &c.,  and  described  the  new 
frontiers.  Article  V  recorded  the  intention  of  France  to 
band  over  to  Sardinia  the  territory  thus  ceded.  By 
Article  XVIII  the  contracting  parties  engaged  to  make 
every  effort  to  encourage  the  creation  of  a  Confederation 
amongst  the  Italian  States  under  the  honorary  presidency 
of  the  Pope;  Venetia,  whilst  remaining  subject  to  the 
Crown  of  Austria,  was  to  form  one  of  the  States  of  the  Con- 
federation. Article  XX  declared  that  France  and  Austria 


2i8  THE  UNION  OF  ITALY 

would  unite  their  efforts  to  obtain  from  the  Pope  that  the 
necessity  of  introducing  indispensable  reforms  should  be 
taken  into  serious  consideration.  All  the  foregoing  stipula- 
tions were  also  contained  in  the  Preliminaries  of  Villaf  ranca. 
With  regard  to  the  restoration  of  the  Grand  Duke  of 
Tuscany  and  the  Duke  of  Modena,  the  idea  was  rather 
differently  expressed  :  the  Preliminaries  said,  '  The  Grand 
Duke  of  Tuscany  and  the  Duke  of  Modena  return  to  their 
States,  granting  a  general  Amnesty  '; — the  Treaty  (Article 
XIX)  said,  '  As  the  Territorial  delimitations  of  the  Inde- 
pendent States  of  Italy  who  took  no  part  in  the  late  war 
can  be  changed  only  with  the  sanction  of  the  Powers  who 
presided  at  their  formation  and  recognized  their  existence, 
the  Rights  of  the  Grand  Duke  of  Tuscany,  of  the  Duke  of 
Modena  and  of  the  Duke  of  Parma  are  expressly  reserved 
for  the  consideration  of  the  High  Contracting  Parties  '. 

The  remaining  Articles  of  the  Treaty  had  reference  to 
prisoners  of  war,  restoration  of  certain  captured  vessels, 
portions  of  public  debt  and  contracts  to  be  taken  over 
by  Lombardy,  and  other  financial  arrangements,  railways, 
freedom  of  inhabitants  to  remove  from  ceded  territory, 
military  and  civil  servants,  archives,  religious  societies, 
non-molestation  of  individuals  in  person  or  property,  and 
such-like. 

The  Treaty  between  France  and  Sardinia  (Article  I) 
recited  Article  IV  of  the  above  treaty  and  transferred  to 
Sardinia  the  rights  over  Lombardy  acquired  by  France 
under  that  Article.  By  Article  II  Sardinia  accepted  those 
rights  and  the  charges  and  conditions  consequent  thereupon 
as  indicated,  which  were  also  recited  in  that  Article  (Articles 
VII  to  XVI  of  the  Franco- Austrian  Treaty). 

The  Treaty  between  Austria,  France,  and  Sardinia 
followed  somewhat  on  the  lines  of  the  first  Treaty  (Austria 
and  France),  with  the  exception  of  the  stipulations  respect- 
ing the  proposed  Italian  Confederation,  the  reinstatement 
of  the  Dukes  and  the  reforms  to  be  required  of  the  Pope, 


PROPOSED  CONGRESS  A  FAILURE         219 

concerning  which  the  treaty  is  silent ;  and  with  the  addi- 
tion of  stipulations  for  the  renewal  of  treaties  between 
Austria  and  Sardinia  subject  to  revision  and  their  extension 
to  the  ceded  territories,  the  free  navigation  of  the  Lake  of 
Garda  and  the  River  Po,  the  conclusion  of  a  convention 
for  the  prevention  of  smuggling,  and  kindred  matters  as 
between  Austria  and  Sardinia. 

It  is  to  be  observed  that  Sardinia  was  in  no  way  bound 
by  or  concerned  in  the  provisions  relating  to  the  establish- 
ment of  an  Italian  Confederation,  the  restoration  of  the 
Grand  Duke  of  Tuscany  and  the  Dukes  of  Modena  and 
Parma,  or  the  introduction  of  reforms  in  the  Papal  States, 
arranged  for  in  the  Preliminaries  of  Villafranca  and  in 
the  Franco-Austrian  Treaty  of  Zurich.  Those  stipulations 
affected  France  and  Austria  alone. 

It  is  evident  that  the  negotiations  at  Zurich  contemplated 
the  submission  of  these  several  questions  to  a  congress  of 
the  Great  Powers,  but  this  congress  never  took  place. 
Invitations  to  attend  it  were  issued  by  France  and  Austria, 
Paris  was  accepted  as  the  seat  of  its  deliberations,  and  the 
date  of  its  assembling  was  approximately  fixed  for  January 
1860.  Austria  and  the  Pope,  however,  intervened  in  such 
a  manner  as  to  render  further  action  by  the  Powers  impos- 
sible. The  circumstances  under  which  this  occurred  are 
thus  set  forth  in  a  dispatch  of  January  i,  1860,  from  the 
British  Ambassador  at  Paris  to  Lord  John  Russell * : 

'  Your  Lordship  will  have  been  informed  .  .  .  that  the 
projected  meeting  of  the  Congress  on  Italian  affairs  has 
been  indefinitely  postponed.  A  pamphlet  published  in 
Paris  under  the  title  of  "  Le  Pape  et  le  Congres  "  which 
has  created  too  much  stir  in  the  political  world  not  to  have 
attracted  your  Lordship's  attention,  is  the  indirect  cause 
of  the  postponement.  The  Austrian  Government,  it  appears, 
requires  an  engagement  on  the  part  of  the  French  Govern- 
ment neither  to  bring  before  the  Congress  themselves  the 
measures  of  which  the  pamphlet  is  the  advocate,  nor  to 
1  Stale  Papers,  vol.  xlix,  p.  361. 


220  THE  UNION  OF  ITALY 

support  them  if  brought  forward  by  others.  The  French 
Government  hesitate  at  entering  into  any  such  engage- 
ment, and  Austria,  in  consequence,  declines  appearing  at 
the  Congress — that  is,  she  declares  that  she  will  not  assist 
at  a  Congress  in  which  the  Pope  is  not  represented ;  and 
it  would  seem  that,  although  nothing  official  has  as  yet 
been  received  from  Rome,  the  intention  of  the  Pope  is  to 
require  the  engagement  to  which  I  have  alluded  above 
before  he  will  send  a  Plenipotentiary  to  Paris.' 

The  proposal  for  a  congress  therefore  came  to  nothing. 

It  has  been  related  above,  in  connexion  with  the 
Treaty  of  Peace  signed  at  Zurich  between  Austria  and 
France  on  November  10,  1859,  h°w  &  was  t*16  object  of 
that  treaty  (amongst  other  things)  to  establish  an  Italian 
Confederation  and  to  provide  for  the  return  of  the  Austrian 
Dukes  to  their  territories  in  Tuscany,  Modena,  and  Parma 
respectively,  and  how  the  congress  which  was  to  have 
regularized  these  proposals  proved  abortive. 

As  Sardinia  was  not  a  party  to  these  arrangements,  and 
as  they  did  not  materialize  by  means  of  a  congress  or 
otherwise,  this  Power  was  left  with  a  more  or  less  free 
hand  in  the  disposal  of  her  destinies. 

In  the  course  of  the  exchange  of  views  which  continued 
to  take  place  between  the  Powers,  it  was  manifested  that 
England  and  France  were  opposed  to  the  principle  of  the 
employment  of  force  in  carrying  out  the  proposals  of 
Zurich  if  those  proposals  were  antagonistic  to  the  wishes 
of  the  populations  concerned ;  and  the  French  Govern- 
ment did  not  fail  to  impress  upon  that  of  Austria  the  fact 
that  such  a  principle  was  contrary  to  French  policy  and 
practice.1  In  the  early  months  of  1860,  therefore,  votes 
by  universal  suffrage  were  obtained,  in  favour  of  annexa- 
tion to  Sardinia,  in  the  provinces  of  Emilia — Bologna, 
Ferrara,  Forli,  Massa  and  Carrara,  Modena,  Parma, 
Piacenza,  Ravenna  and  Reggio — which  were  States  of  the 
Church,  and  in  Tuscany.  Acting  in  accordance  with  the 
»  January  31,  1860.  State  Papers,  vol.  1,  p.  542. 


ANNEXATIONS  221 

will  of  the  people  thus  declared,  the  King  of  Sardinia,  by 
Decrees  dated  the  i8th  and  22nd  March,  i860,1  annexed 
those  territories  to  his  dominions. 

The  Duke  of  Modena  protested  (March  22)  against  the 
annexation  of  Modena  ;  the  Grand  Duke  of  Tuscany  pro- 
tested (March  24)  against  the  annexation  of  Tuscany ; 
the  Duchess  Regent  of  Parma  protested  (March  28)  against 
the  annexation  of  Parma 2 ;  and  the  Pope  protested 
(March  24)  against  the  annexation  of  the  Romagna,  &c.3 

Already,  before  these  events  had  taken  place,  hints  had 
been  thrown  out  by  France  in  the  diplomatic  correspon- 
dence, and  comments  had  even  appeared  in  the  public  press 
of  that  country,  to  the  effect  that  the  creation  of  a  strong 
Italian  State  would  constitute  a  grave  danger  to  France 
in  the  existing  position  of  her  frontiers,  and  that  a  rectifica- 
tion of  her  boundaries  in  the  direction  of  Savoy  would 
become  essential  in  order  to  safeguard  her  from  attack. 
The  idea  of  the  cession  of  Savoy  and  Nice  to  France  was 
in  fact  discussed  by  France  and  Sardinia  before  the  out- 
break of  the  war  in  1859,  when  it  was  hoped  that  Venetia 
would  be  acquired  by  Sardinia.  When  this  failed,  the  idea 
was  abandoned,  but  resuscitated  later  on.  When  rumours 
of  the  proposed  cession  began  to  assume  a  more  concrete 
form,  the  British  Government  warned  France  of  the 
dangers  which  were  to  be  apprehended  should  a  serious 
attempt  be  made  to  bring  about  the  annexation  of  Savoy 
and  Nice  to  France.4  Nevertheless  the  scheme  matured, 
and  early  in  March  1860,  France  addressed  a  long  reasoned 
statement  to  Great  Britain  and  other  Powers 5  setting 
forth  the  necessity  for  the  proposed  action  and  expressing 
the  hope  that  her  motives  would  be  appreciated.  Great 
Britain  did  not  altogether  appreciate  them,  but  her  reply 

1  Stale  Papers,  vol.  Ivii,  p.  1029. 

1  Ibid.,  vol.  Ivii,  pp.  1030,  1033,  1037. 

3  Hertslet,  Map  of  Europe  by  Treaty,  p.  1422. 

'  See  State  Papers,  vol.  1,  pp.  457,  474,  604. 

6  State  Papers,  vol.  1,  p.  600. 


222  THE  UNION  OF  ITALY 

to  the  French  statement,  though  controverting  its  argu- 
ments and  assertions,  did  not  actually  amount  to  a  protest, 
a  fact  which  the  French  Government  were  not  slow  in 
making  a  note  of.  Thus,  on  March  24,  1860,  in  the  midst 
of  the  Sardinian  annexations  and  the  protests  of  the 
Dukes  and  of  the  Pope,  a  treaty  was  concluded  at  Turin 
between  France  and  Sardinia  for  the  annexation  of  Savoy 
and  Nice  to  France.1  The  second  article  of  this  treaty 
declared  that  as  Sardinia  could  only  transfer  the  neutra- 
lized parts  of  Savoy  on  the  conditions  upon  which  she 
herself  possessed  them,  it  devolved  upon  the  Emperor  of 
the  French  to  come  to  an  understanding  with  the  Vienna 
Congress  Powers  and  with  Switzerland  on  the  subject. 
Switzerland,  of  course,  protested  against  the  cession,  and 
appealed  to  the  neutrality  articles  of  the  Vienna  Congress 
Treaty.  A  conference  was  then  proposed  for  the  purpose 
of  reconciling  Article  XCII  of  the  Congress  Treaty  with 
Article  II  of  the  Treaty  of  Turin  ;  the  conference  did  not, 
however,  take  place,  but  in  due  course  the  new  boundaries 
between  France  and  Sardinia  were  established. 

Towards  the  end  of  1860  the  King  of  Sardinia  entered 
Naples  (the  way  having  been  paved  for  him  by  Garibaldi), 
and,  annexation  having  been  voted  by  plebiscite,  assumed 
the  title  of  King.  On  March  17, 1861,  His  Majesty,  by  a  law 
passed  by  the  Sardinian  Chambers,  assumed  the  title  of 
King  of  Italy. 

The  next  serious  push  in  the  direction  of  the  unification 
of  the  Italian  peninsula  was  made  in  1866,  when  Italy 
took  advantage  of  the  strained  relations  then  existing 
between  Austria  and  Prussia  (dealt  with  in  another  place  in 
connexion  with  the  Treaty  of  Prague,  pp.  241-51)  to  make  a 
further  effort  for  the  emancipation  of  Venetia  from  Austria. 
Three  burning  questions  at  that  time  agitated  Europe  : 
the  Venetian  question  as  between  Austria  and  Italy,  the 
Danish  Duchies  question  as  between  Austria  and  Prussia, 
1  State  Papers,  vol.  1,  p.  412. 


WAR  OF  1866  223 

and  the  question  of  the  reform  of  the  Germanic  Confedera- 
tion as  between  Austria,  Prussia,  and  other  German  States. 
The  armies  of  the  several  countries  concerned  were  placed 
upon  a  war  footing,  and  hostilities  appeared  imminent. 
An  attempt  was  made  by  Great  Britain,  France,  and 
Russia  to  convene  a  conference  to  discuss  the  questions  at 
issue  in  the  hope  of  averting  war.  Austria  alone  refused 
the  conference,  that  is  to  say  she  attached  to  her  accept- 
ance of  it  a  condition  that  no  questions  of  territorial 
aggrandizement  should  therein  be  raised.  This  put  an  end 
to  all  discussion  on  the  principal  points  in  dispute,  and 
once  more,  therefore,  the  idea  of  arriving  at  a  peaceful 
solution  of  the  existing  difficulties  had  to  be  abandoned. 

Italy  entered  into  an  alliance  with  Prussia  in  May  1866, 
and  on  the  collapse  of  the  proposal  for  a  conference  in  the 
following  month  war  was  the  inevitable  and  almost  immedi- 
ate result.  On  June  17  an  Austrian  manifesto  of  war  with 
Prussia  and  Italy  was  issued  ;  on  the  i8th  a  Prussian 
manifesto  of  war  with  Austria ;  and  on  the  igth  and  2oth 
an  Italian  manifesto  and  declaration  of  war  with  Austria.1 

The  war  was  of  short  duration.  Although  Austria  gained 
some  successes  against  the  Italian  forces  both  on  land  and 
at  sea,  she  was  entirely  defeated  by  the  Prussians,  and  an 
opening  was  afforded  to  the  Emperor  of  the  French  to 
step  in  as  mediator  between  the  contending  parties.  France 
obtained  from  Austria  an  undertaking  to  cede  to  her  the 
Lombardo- Venetian  Kingdom,  to  be  by  her  handed  over 
to  Italy ;  and  on  July  14,  1866,  France  submitted  to 
Austria  and  Prussia  a  draft  of  Preliminaries  of  Peace  for 
their  consideration  and  adoption.  The  first  stipulation  of 
this  draft  was  that  the  integrity  of  the  Austrian  Empire, 
with  the  exception  of  Venetia,  should  be  maintained.2 
Preliminaries  on  the  lines  of  the  French  proposal  were 
signed  at  Nikolsburg  on  July  26,  1866,  between  Prussia 

1  State  Papers,  vol.  Ixiii,  pp.  580,  584,  585,  587. 

*  De  Clercq,  Recueil  des  Traites  de  la  France,  vol.  ix,  p.  599. 


224  THE  UNION  OF  ITALY 

and  Austria,  Prussia  undertaking  to  obtain  the  concur- 
rence of  Italy  in  them  '  as  soon  as  the  Venetian  Kingdom 
should  have  been  put  at  the  disposal  of  the  King  of  Italy 
by  a  Declaration  of  His  Majesty  the  Emperor  of  the  French '. 

On  August  ii  the  Emperor  of  the  French  addressed 
a  letter  to  the  King  of  Italy  in  which  the  following  passage 
occurred  :  '  Your  Majesty  is  aware  that  I  accepted  the 
offer  of  Venetia  in  order  to  preserve  her  from  devastation 
and  to  prevent  a  useless  effusion  of  blood.  My  object 
always  was  to  restore  her  to  herself,  to  the  end  that  Italy 
should  be  free  from  the  Alps  to  the  Adriatic.  Mistress  of 
her  destinies,  Venetia  will  soon  be  in  a  position,  by  means 
of  universal  suffrage,  to  give  expression  to  her  desires. 
Your  Majesty  will  acknowledge  that  under  these  circum- 
stances the  action  of  France  has  once  more  been  exercised 
in  the  interests  of  humanity  and  the  independence  of  the 
populations.' 1 

The  somewhat  unusual  mode  of  procedure  above  indi- 
cated was  probably  adopted  as  a  compromise  to  meet  the 
unwillingness  of  Austria  to  cede  Venetia  directly  to  Italy 
and  the  reluctance  of  Italy  to  accept  the  territory  as  a  gift 
from  France. 

By  Article  II  of  the  Treaty  of  Prague  of  August  23,  1866 
(the  Peace  between  Austria  and  Prussia),  it  was  recorded 
that  the  Emperor  of  the  French  had  officially  declared 
through  his  Ambassador  at  Berlin :  '  that  in  so  far  as  regards 
the  Government  of  the  Emperor,  Venetia  is  secured  to 
Italy,  to  be  made  over  to  her  at  the  peace '  ;  and  conse- 
quently that  the  Emperor  of  Austria  acceded  on  his  part 
to  that  declaration,  and  gave  his  consent  to  the  union 
of  the  Lombardo-Venetian  Kingdom  with  the  Kingdom 
of  Italy.2 

The  Treaty  of  Peace  between  Austria  and  Italy  was 
signed  at  Vienna  on  October  3,  i866.3 

1  De  Clercq,  vol.  ix,  p.  618.  *  See  below,  p.  248. 

»  State  Papers,  vol.  Ivi,  p.  700. 


TREATY  OF  VIENNA,  1866  225 

The  preamble  of  this  treaty  declared  that  Austria  had 
ceded  the  Lombardo- Venetian  Kingdom  to  the  Emperor 
of  the  French,  who  had  recorded  his  willingness  to  recognize 
its  union  with  Italy  provided  that  the  populations,  being 
consulted,  consented  thereto ;  the  contracting  parties  had 
therefore  agreed  to  the  following  Articles. 

Then  came  the  usual  peace  and  friendship  Article  and  that 
for  the  mutual  delivery  of  prisoners  of  war.  Articles  III 
and  IV  declared  the  consent  of  Austria  to  the  union  of  the 
Lombardo- Venetian  Kingdom  to  Italy ;  the  boundaries 
to  be  the  actual  administrative  confines  of  the  ceded 
territory,  to  be  traced  by  a  military  commission.  There- 
upon followed  stipulations  for  evacuation  of  ceded  territory, 
responsibility  for  certain  debts,  payments  to  Austria  on 
account  of  loan  of  1854,  and  for  the  price  of  non-transport- 
able war  material,  the  taking  over  of  Austrian  contracts, 
railway  concessions,  &c.,  the  mutual  reimbursement  of 
monies  paid  into  public  banks,  the  administrative  separa- 
tion of  Venetian  and  Austrian  railways,  and  so  forth. 
Article  XIII  provided  for  the  extension  of  railways  to  unite 
the  Italian  and  Austrian  networks.  Article  XIV  empowered 
inhabitants  on  either  side  to  remove,  free  from  molestation, 
from  or  into  the  respective  territories  with  their  movable 
property,  while  retaining  their  immovable  property. 
Article  XV  onwards  dealt  with  persons  in  the  military  or 
civil  services,  giving  the  option  of  remaining ;  with  the  pay- 
ment of  pensions ;  with  the  delivery  of  judicial,  political,  and 
historical  documents ;  with  customs  and  trade  facilities  on 
the  frontiers ;  with  the  renewal  of  treaties,  &c.  Article  XXII 
restored  to  Princes  and  Princesses  of  the  House  of  Austria 
their  personal  and  real  estates,  reserving,  nevertheless,  all 
the  rights  of  the  State  and  of  individuals  to  be  prosecuted 
by  legal  means.  Article  XXIII  granted  a  full  and  entire 
amnesty  for  all  individuals  compromised  on  account  of 
political  events  in  the  past. 

These  were  the  principal  stipulations  of  the  treaty,  to 

1003 


226  THE  UNION  OF  ITALY 

which  an  additional  Article  was  appended  fixing  the 
periods  of  payments  to  be  made  by  Italy  in  respect  of  the 
Monte-Lombardo  debt  and  in  respect  of  war  material. 

The  ratifications  of  the  treaty  were  exchanged  at  Vienna 
on  October  12,  1866. 

On  the  igth  of  the  same  month  a  '  Proces- verbal '  was 
drawn  up  at  Venice  and  signed  by  the  French  Commissioner 
and  other  members  of  the  commission,  whereby  Venetia 
was  delivered  to  the  Venetians  '  in  order  that  the  popula- 
tions, mistresses  of  their  destinies,  might  express  freely, 
by  universal  suffrage,  their  wishes  on  the  subject  of  the 
annexation  of  Venetia  to  the  Kingdom  of  Italy  '.* 

The  vote  above  alluded  to  was  taken  on  October  21  and  22, 
1866,  and  resulted  almost  unanimously  in  favour  of  annexa- 
tion to  Italy.  On  November  4  following,  an  Italian  decree 
was  promulgated  annexing  Venetia  to  the  Kingdom  of 
Italy. 

It  may  here  be  recorded  in  conclusion  that  the  seat  of 
the  Italian  Government  and  Court  (which  had  been  trans- 
ferred from  Turin  to  Florence  in  1865)  was,  after  the  final 
withdrawal  of  the  French  troops  from  Rome  in  1870, 
removed  to  that  capital  in  the  year  1871. 

TREATY  OF  PEACE  BETWEEN  AUSTRIA,  FRANCE,  AND 
SARDINIA.  SIGNED  AT  ZURICH,  IOTH  NOVEMBER, 
i859-2 

(Translation  as  presented  to  Parliament.) 

ARTICLE  I.  There  shall  be  from  the  date  of  the  day  of 
the  exchange  of  the  Ratifications  of  the  present  Treaty, 
Peace  and  Amity  between  His  Majesty  the  Emperor  of 
Austria  and  His  Majesty  the  King  of  Sardinia,  their  heirs 
and  successors,  their  respective  States  and  subjects,  in 
perpetuity. 

ARTICLE  II.  The  Austrian  and  Sardinian  Prisoners  of 
War  shall  be  immediately  returned  on  either  part. 

1  De  Clercq,  vol.  ix,  p.  619. 

*  French  version  in  State  Papers,  vol.  xl,  p.  377. 


TREATY  OF  ZURICH,  1859  227 

ARTICLE  III.  In  pursuance  of  the  Territorial  Cessions 
stipulated  in  the  Treaties  concluded  this  day  between  His 
Majesty  the  Emperor  of  Austria  and  His  Majesty  the 
Emperor  of  the  French,  on  one  side,  and  His  Majesty  the 
Emperor  of  the  French  and  His  Majesty  the  King  of 
Sardinia  on  the  other,  the  Delimitation  between  the  Italian 
Provinces  of  Austria  and  Sardinia  shall  in  future  be  as 
follows  : 

The  Frontier,  starting  from  the  Southern  Boundary  of 
the  Tyrol,  on  the  Lake  de  Garda,  will  follow  the  middle 
of  the  Lake  as  far  as  the  height  of  Bardolino  and  Manerba, 
whence  it  will  meet,  in  a  straight  line,  the  point  where  the 
circle  of  defence  of  the  Fortress  of  Peschiera  intersects  the 
Lake  of  Garda. 

It  will  follow  the  circumference  of  this  circle,  the  radius 
of  which,  reckoned  from  the  centre  of  the  Fortress,  is  fixed 
at  3,500  metres,  plus  the  distance  from  the  said  centre  to 
the  glacis  of  the  most  advanced  Fort.  From  the  point  of 
intersection  of  the  circumference  thus  designated  with  the 
Mincio,  the  Frontier  will  follow  the  thalweg  of  the  river 
as  far  as  Le  Grazie  ;  will  stretch  from  Le  Grazie,  in  a  straight 
line,  to  Scorzarolo  ;  will  follow  the  thalweg  of  the  Po  as 
far  as  Luzzara,  beyond  which  point  no  change  is  made  in 
the  Boundaries  such  as  they  existed  before  the  War. 

A  Military  Commission,  appointed  by  the  High  Con- 
tracting Parties,  will  be  charged  with  the  duty  of  tracing 
the  Boundary  with  the  least  possible  delay. 

ARTICLE  IV.  The  Territories  still  occupied  in  virtue  of 
the  Armistice  of  the  8th  of  July  last  shall  be  reciprocally 
evacuated  by  the  Austrian  and  Sardinian  Troops,  who  shall 
immediately  retire  beyond  the  Frontiers  determined  by 
the  preceding  Article. 

ARTICLE  V.  The  Government  of  His  Majesty  the  King 
of  Sardinia  shall  take  upon  itself  three-fifths  of  the  Debt 
of  the  Monte  Lombardo-Veneto. 

It  shall  equally  undertake  a  portion  of  the  National  Loan 
of  1854,  fixed  between  the  High  Contracting  Parties  at 
40,000,000  florins,  '  monnaie  de  Convention  '. 

ARTICLE  VI.  With  regard  to  the  40,000,000  florins 
stipulated  in  the  preceding  Article,  the  Government  of 
His  Majesty  the  Emperor  of  the  French  renews  the  engage- 
ment which  it  has  entered  into  with  the  Government  of 
His  Majesty  the  Emperor  of  Austria,  to  effect  the  Payment 

Q2 


228  THE  UNION  OF  ITALY 

of  it  according  to  the  manner  determined  in  the  Additional 
Article  to  the  Treaty  signed  this  day  between  the  two 
High  Contracting  Powers. 

On  the  other  hand,  the  Government  of  His  Majesty  the 
King  of  Sardinia  puts  again  on  record  the  engagement 
which  it  has  contracted  by  the  Treaty  likewise  signed 
to-day  between  Sardinia  and  France,  to  reimburse  this 
sum  to  the  Government  of  His  Majesty  the  Emperor  of 
the  French,  according  to  the  manner  stipulated  in  Article  III 
of  the  said  Treaty. 

ARTICLE  VII.  A  Commission,  composed  of  Delegates  of 
the  High  Contracting  Parties,  will  be  immediately  formed, 
in  order  to  proceed  to  the  liquidation  of  the  Monte  Lom- 
bardo- Venetian  Debt.  The  Division  of  the  Debts  and 
Credits  of  this  establishment  will  be  effected  on  the  basis 
of  three-fifths  for  Sardinia,  and  two-fifths  for  Austria. 
Of  the  Assets  of  the  Sinking  Fund  of  the  Monte  and  its 
Deposits,  consisting  of  public  securities,  Sardinia  will  receive 
three-fifths,  and  Austria  two-fifths ;  and  as  to  that  part 
of  the  Assets  which  consists  of  Lands  or  Mortgages,  the 
Commission  will  effect  the  partition  with  reference  to  the 
situation  of  the  Property  in  question,  to  allot  such  Property, 
as  far  as  possible,  to  that  one  of  the  two  Governments 
upon  whose  Territory  it  may  be  situated. 

As  to  the  different  categories  of  Debts  inscribed  up  to 
4th  June,  1859,  in  the  Monte  Lombardo-Veneto,  and  to 
the  capital  placed  at  interest  in  the  deposit  bank  of  the 
Sinking  Fund,  Sardinia  undertakes  three-fifths,  and  Austria 
two-fifths,  either  for  the  payment  of  the  interest,  or  the 
reimbursement  of  the  capital,  in  accordance  with  the 
regulations  hitherto  in  force.  The  Credits  of  Austrian 
subjects  shall  come  by  preference  into  the  quota  of  Austria, 
who  shall,  within  3  months  after  the  exchange  of  Ratifica- 
tions, or  sooner  if  possible,  transmit  to  the  Sardinian 
Government  specific  lists  of  these  Credits. 

ARTICLE  VIII.  The  Government  of  His  Sardinian 
Majesty  succeeds  to  the  Rights  and  Obligations  resulting 
from  the  Contracts  regularly  stipulated  by  the  Austrian 
Administration  in  respect  of  all  matters  of  public  interests 
specially  concerning  the  Territories  ceded. 

ARTICLE  IX.  The  Austrian  Government  will  remain 
charged  with  the  reimbursement  of  all  Sums  deposited  by 
Lombard  subjects,  by  the  communes,  by  public  establish- 


TREATY  OF  ZURICH,  1859  229 

ments  and  religious  corporations,  in  the  Austrian  public 
Banks,  by  way  of  caution-money,  deposits,  or  consign- 
ments. In  like  manner  the  Austrian  subjects,  communes, 
public  establishments,  and  religious  corporations  who  have 
deposited  sums  of  money  as  caution-money,  deposits,  or 
consignments  in  the  Banks  of  Lombardy,  will  be  punctually 
reimbursed  by  the  Sardinian  Government. 

ARTICLE  X.  The  Government  of  His  Majesty  the  King 
of  Sardinia  acknowledges  and  confirms  the  concessions  of 
Railways  granted  by  the  Austrian  Government  upon  the 
Territory  ceded  in  all  their  clauses,  and  during  the  whole 
duration  of  the  concessions,  and  in  particular  the  con- 
cessions made  by  Contracts  dated  i4th  March,  1856, 
8th  April,  1857,  and  23rd  September,  1858. 

From  the  day  of  the  date  of  the  exchange  of  the  Ratifica- 
tions of  the  present  Treaty,  the  Sardinian  Government  is 
invested  with  all  the  rights  and  subjected  to  all  the  obliga- 
tions appertaining  to  the  Austrian  Government  in  respect 
of  the  said  concessions  in  all  that  relates  to  the  railway 
lines  situate  on  the  Territory  ceded.  In  consequence,  the 
right  of  Devolution  which  belonged  to  the  Austrian  Govern- 
ment in  regard  to  these  Railways  is  transferred  to  the 
Sardinian  Government. 

The  Payments  which  remain  to  be  made  on  the  sum  due 
to  the  State  by  the  grantees  by  virtue  of  the  Contract  of 
I4th  March,  1856,  by  way  of  equivalent  for  the  expenses 
of  making  the  said  Railways,  will  be  paid  in  their  entirety 
to  the  Austrian  Treasury. 

The  credits  of  the  Building  Contractors  and  Tradesmen, 
and  also  the  compensation  money  for  land  taken,  so  far 
as  they  may  appertain  respectively  to  the  time  when  the 
Railways  in  question  were  administered  for  the  account 
of  the  State,  and  which  have  not  hitherto  been  paid,  will 
be  borne  by  the  Austrian  Government,  and,  in  so  far  as 
they  may  be  due  from  them  by  virtue  of  the  concession, 
by  the  grantees  in  the  name  of  the  Austrian  Government. 

A  special  Convention  will  regulate,  with  as  little  delay 
as  possible,  the  international  service  of  the  Railways 
between  Sardinia  and  Austria. 

ARTICLE  XI.  It  is  understood  that  the  recovery  of  the 
Credits  under  paragraphs  12,  13,  14,  15,  and  16  of  the 
Contract  of  I4th  March,  1856,  shall  not  confer  upon  Austria 
any  right  of  Control  or  Surveillance  in  the  construction 


230  THE  UNION  OF  ITALY 

and  working  of  the  Railways  in  the  Territories  ceded. 
The  Sardinian  Government  undertakes,  for  its  part,  to 
furnish  the  Austrian  Government  with  all  the  information 
which  it  may  require  on  this  head. 

ARTICLE  XII.  The  Lombard  Subjects  domiciled  ori  the 
ceded  Territory  shall  enjoy  for  the  space  of  one  year, 
commencing  with  the  day  of  the  exchange  of  the  Ratifica- 
tions, and  conditionally  on  a  previous  Declaration  before 
the  competent  authorities,  full  and  entire  permission  to 
export  their  Moveables,  free  of  duty,  and  to  withdraw 
with  their  families  into  the  States  of  His  Imperial  and 
Royal  Apostolic  Majesty,  in  which  case  their  quality  of 
Austrian  Subjects  shall  be  retained  by  them.  They  shall 
be  free  to  preserve  their  Immoveable  property,  situated  on 
the  Territory  of  Lombardy. 

The  same  permission  is  accorded  reciprocally  to  Indi- 
viduals, Natives  of  the  ceded  Territory  of  Lombardy,  estab- 
lished in  the  States  of  His  Majesty  the  Emperor  of  Austria. 

The  Lombards  who  shall  profit  by  the  present  arrange- 
ments shall  not  be,  on  account  of  their  choice,  disturbed 
on  one  side  or  on  the  other,  in  their  persons  or  in  their 
properties  situated  in  the  respective  States. 

The  delay  of  one  year  is  extended  to  two  years,  for  the 
Subjects,  Natives  of  the  ceded  Territory  of  Lombardy, 
who,  at  the  time  of  the  exchange  of  the  Ratifications  of 
the  present  Treaty,  shall  be  beyond  the  Territory  of  the 
Austrian  Monarchy.  Their  Declaration  may  be  received 
by  the  nearest  Austrian  Mission,  or  by  the  superior  authori- 
ties of  any  province  of  the  Monarchy. 

ARTICLE  XIII.  The  Lombard  subjects  forming  part  of 
the  Austrian  Army,  with  the  exception  of  those  who  are 
natives  of  the  part  of  the  Lombard  Territory  retained  by 
His  Majesty  the  Emperor  of  Austria,  shall  be  immediately 
set  free  from  Military  Service  and  sent  back  to  their 
homes. 

It  is  understood  that  those  who  declare  their  wish  to 
remain  in  the  service  of  His  Imperial  and  Royal  Apostolic 
Majesty  shall  not  be  disturbed  on  that  account,  either  in 
their  persons  or  in  their  properties. 

The  same  guarantees  are  given  to  persons  in  Civil 
Employments,  natives. of  Lombardy,  who  shall  manifest 
their  intention  of  retaining  the  offices  which  they  hold  in 
the  service  of  Austria. 


TREATY  OF  ZURICH,  1859  231 

ARTICLE  XIV.  Pensions,  Civil  as  well  as  Military, 
regularly  paid,  and  which  were  charged  on  the  public 
revenue  of  Lombardy,  remain  in  the  possession  of  those 
who  are  entitled  to  them,  and  when  there  is  occasion,  to 
their  widows  and  their  children,  and  shall  be  paid  in  future 
by  the  Government  of  His  Sardinian  Majesty. 

This  stipulation  extends  to  the  holders  of  Pensions, 
Civil  as  well  as  Military,  as  well  as  to  their  widows  and 
children,  without  distinction  of  origin,  who  shall  retain 
their  domicile  in  the  ceded  Territory,  and  whose  claims, 
paid  up  to  1814  by  the  ci-devant  Kingdom  of  Italy,  then 
fell  to  the  charge  of  the  Austrian  Treasury. 

ARTICLE  XV.  The  Archives  containing  the  Titles  of 
Property,  and  Documents  connected  with  administration 
and  civil  justice,  whether  they  relate  to  the  part  of  Lom- 
bardy whose  possession  is  reserved  to  His  Majesty  the 
Emperor  of  Austria,  or  to  the  Venetian  Provinces,  shall 
be  handed  over  to  the  Commissioners  of  His  Imperial  and 
Royal  Apostolic  Majesty  as  soon  as  possible. 

Reciprocally  the  Titles  of  Property,  and  Documents 
connected  with  administration  and  civil  justice,  concern- 
ing the  ceded  Territory,  which  may  be  found  in  the  Archives 
of  the  Emperor  of  Austria,  shall  be  handed  over  to  the 
Commissioners  of  His  Majesty  the  King  of  Sardinia. 

The  Governments  of  Sardinia  and  Austria  bind  them- 
selves to  communicate  reciprocally  on  the  demand  of  the 
higher  administrative  authorities,  all  the  documents  and 
information  relative  to  matters  concerning  at  once  Lom- 
bardy and  Venetia. 

ARTICLE  XVI.  The  Religious  Corporations  established 
in  Lombardy,  whose  existence  the  Sardinian  laws  would 
not  authorise,  shall  be  free  to  dispose  of  their  Property, 
both  Moveable  and  Immoveable. 

ARTICLE  XVII.  All  the  Treaties  and  Conventions  con- 
cluded between  His  Majesty  the  King  of  Sardinia  and  His 
Majesty  the  Emperor  of  Austria  which  were  in  force  before 
the  ist  April,  1859,  are  confirmed  in  as  far  as  they  are  not 
modified  by  the  present  Treaty.  At  the  same  time  the  two 
High  Contracting  Parties  bind  themselves  to  submit, 
within  the  term  of  a  year,  these  Treaties  and  Conventions 
to  a  general  revision,  in  order  to  introduce  into  them  by 
common  agreement,  such  modifications  as  shall  be  con- 
sidered in  accordance  with  the  interests  of  the  two  countries. 


232  THE  UNION  OF  ITALY 

In  the  meanwhile  these  Treaties  and  Conventions  are 
extended  to  the  Territory  recently  acquired  by  His  Majesty 
the  King  of  Sardinia. 

ARTICLE  XVIII.  The  Navigation  of  the  Lake  of  Garda 
is  free,  except  as  regards  the  special  regulations  of  the 
Ports  and  the  Water  Police.  The  liberty  of  Navigation 
of  the  Po  and  its  affluents  is  maintained  in  accordance 
with  the  Treaties. 

A  Convention  designed  to  regulate  the  measures  necessary 
to  prevent  and  repress  smuggling  in  these  waters  will  be 
concluded  between  Sardinia  and  Austria,  in  the  term  of 
one  year,  to  date  from  the  exchange  of  the  Ratifications 
of  the  present  Treaty.  In  the  meanwhile  the  arrangements 
stipulated  in  the  Convention  of  the  22nd  November,  1851, 
for  the  repression  of  smuggling  on  the  Lake  Maggiore,  the 
Po,  and  the  Ticino,  shall  be  applied  to  the  navigation  ; 
and  during  the  same  interval  no  innovation  shall  be  made 
in  the  regulations  and  the  rights  of  navigation  in  force  with 
regard  to  the  Po  and  its  affluents. 

ARTICLE  XIX.  The  Sardinian  Government  and  the 
Austrian  Government  bind  themselves  to  regulate,  by 
a  special  Act,  all  that  relates  to  the  ownership  of,  and  the 
maintenance  of  the  bridges  and  passages  on  the  Mincio, 
where  it  forms  the  Frontier,  and  to  such  new  buildings  as 
may  be  made  in  that  respect,  the  expenses  which  may 
result  from  them,  and  the  taking  of  the  Tolls. 

ARTICLE  XX.  Where  the  Valley  of  the  Mincio  shall 
henceforth  mark  the  Frontier  between  Sardinia  and 
Austria,  the  buildings  intended  for  the  rectification  of  the 
Bed  and  the  Damming  up  of  that  River,  or  which  shall 
be  of  a  nature  to  alter  its  current,  shall  be  made  by  common 
agreement  between  the  two  adjoining  States.  An  ulterior 
arrangement  will  regulate  this  matter. 

ARTICLE  XXI.  The  inhabitants  of  the  adjoining  districts 
shall  enjoy  reciprocally  the  Facilities  which  were  formerly 
assured  to  the  dwellers  on  the  Banks  of  the  Ticino. 

ARTICLE  XXII.  In  order  to  contribute,  with  all  their 
efforts,  to  the  pacification  of  men's  minds,  His  Majesty 
the  King  of  Sardinia  and  His  Majesty  the  Emperor  of 
Austria  declare  and  promise  that,  in  their  respective 
Territories,  and  in  the  Countries  restored  or  ceded,  no 
Individual  compromised  on  the  occasion  of  the  late  events 
in  the  Peninsula,  of  whatever  class  or  condition  he  may 


TREATY  OF  ZURICH,  1859  233 

be,  shall  be  prosecuted,  disturbed,  or  troubled  in  his  person 
or  in  his  property,  on  account  of  his  political  conduct  and 
opinions. 

ARTICLE  XXIII.  The  present  Treaty  shall  be  ratified, 
and  its  Ratifications  exchanged  at  Zurich  in  the  space  of 
15  days,  or  sooner  if  possible. 

In  faith  of  which  the  respective  Plenipotentiaries  have 
signed  and  sealed  it. 

Done  at  Zurich,  on  the  loth  day  of  the  month  of 
November,  in  the  year  of  Grace,  1859. 

(L.S.)  KAROLYI. 

(L.S.)  MEYSENBUG. 

(L.S.)  BOURQUENEY. 

(L.S.)  BANNEVILLE. 

(L.S.)  DES  AMBROIS. 

(L.S.)  JOCTEAU. 


TREATY  OF  PEACE  BETWEEN  AUSTRIA  AND  ITALY.  SIGNED 
AT  VIENNA,  3RD  OCTOBER,  I866.1 

ARTICLE  I.  There  shall  be  from  the  date  of  the  exchange 
of  the  Ratifications  of  the  present  Treaty,  Peace  and 
Friendship  between  His  Majesty  the  King  of  Italy  and 
His  Majesty  the  Emperor  of  Austria,  their  heirs  and  suc- 
cessors, their  States  and  their  respective  subjects  in 
perpetuity. 

ARTICLE  II.  The  Italian  and  Austrian  Prisoners  of  War 
shall  be  immediately  delivered  up  on  both  sides. 

ARTICLE  III.  His  Majesty  the  Emperor  of  Austria  agrees 
to  the  Union  of  the  Lombardo- Venetian  Kingdom  to  the 
Kingdom  of  Italy. 

ARTICLE  IV.  The  Frontier  of  the  Ceded  Territory  is 
determined  by  the  actual  administrative  confines  of  the 
Lombardo- Venetian  Kingdom. 

A  Military  Commission  appointed  by  the  two  Contract- 
ing Powers  shall  be  entrusted  with  the  execution  of  the 
tracing  on  the  spot  within  the  shortest  possible  delay. 

ARTICLE  V.     The  evacuation  of  the  Ceded  Territory 

1  French  version  in  State  Papers,  vol.  Ivi,  p.  700  ;  Hcrtslet.  vol.  iii, 
No.  392. 


234  THE  UNION  OF  ITALY 

determined  by  the  preceding  Article,  shall  begin  immediately 
after  the  signature  of  Peace,  and  shall  be  terminated  in  the 
shortest  possible  delay,  in  conformity  with  the  arrange- 
ments agreed  upon  between  the  Special  Commissioners 
appointed  to  that  effect. 

ARTICLE  VI.  The  Italian  Government  will  take  upon 
itself : 

ist.  The  portion  of  the  Monte  Lombardo-Veneto  which 
devolved  upon  Austria  in  virtue  of  the  Convention  con- 
cluded at  Milan  in  1860  for  the  execution  of  Article  VII 
of  the  Treaty  of  Zurich  ; 

2ndly.  The  Debts  added  to  the  Monte  Lombardo-Veneto 
since  the  4th  of  June,  1859,  UP  to  the  day  of  the  conclusion 
of  the  present  Treaty  ; 

3rdly.  A  sum  of  35,000,000  florins,  Austrian  currency,  in 
cash,  for  the  portion  of  the  Loan  of  1854,  allotted  to 
Venetia,  and  for  the  price  of  the  non-transportable  War 
Material.  The  manner  of  paying  that  sum  of  35,000,000 
florins,  Austrian  currency,  in  cash,  shall,  in  conformity  with 
the  precedent  of  the  Treaty  of  Zurich,  be  determined  in  an 
Additional  Article. 

ARTICLE  VII.  A  Commission,  composed  of  Italian, 
Austrian,  and  French  Delegates,  shall  proceed  to  the 
liquidation  of  the  different  classes  mentioned  in  the  two 
first  paragraphs  of  the  preceding  Article,  taking  into  account 
the  Sinking  Fund  already  paid,  and  the  Property,  Assets, 
of  every  kind,  constituting  the  Sinking  Fund.  That  Com- 
mission shall  proceed  with  the  Definitive  Regulation  of 
the  Accounts  between  the  Contracting  Parties,  and  shall 
fix  the  time  and  method  to  be  employed  for  the  liquidation 
of  the  Monte  Lombardo-Veneto. 

ARTICLE  VIII.  The  Government  of  His  Majesty  the 
King  of  Italy  succeeds  to  the  Rights  and  Obligations  re- 
sulting from  Contracts  regularly  stipulated  by  the  Austrian 
Administration  for  objects  of  public  interest,  especially 
concerning  the  ceded  Territory. 

ARTICLE  IX.  The  Austrian  Government  is  charged  with 
the  Reimbursement  of  all  sums  paid  by  subjects  of  the 
ceded  Territory,  communal  districts,  public  establishments, 
and  religious  societies  into  the  Austrian  public  Banks  in 
the  shape  of  caution-money,  deposits,  or  consignments. 
In  the  same  manner,  Austrian  subjects,  communes,  public 
establishments,  and  religious  societies,  who  have  paid 


TREATY  OF  VIENNA,  1866  235 

money  into  the  Banks  of  the  ceded  Territories  in  the  shape 
of  caution-money,  deposits,  or  consignments,  will  be 
punctually  reimbursed  by  the  Italian  Government. 

ARTICLE  X.  The  Government  of  His  Majesty  the  King 
of  Italy  recognises  and  confirms  the  concessions  granted 
to  the  Railroads  by  the  Austrian  Government  in  the  ceded 
Territory,  to  the  full  extent  of  all  their  arrangements  and 
duration,  and  particularly  the  concessions  resulting  from 
the  Contracts  passed  under  date  of  I4th  March,  1856, 
8th  April,  1857,  and  23rd  September,  1858. 

The  Italian  Government  also  recognises  and  confirms 
the  stipulations  of  the  Convention  of  2oth  November  1861, 
between  the  Administration  of  the  South  Lombardo- 
Venetian  and  Central  Italian  Railway  Company,  as  well 
as  the  Convention  of  the  27th  February  1866,  between  the 
Imperial  Minister  of  Finances  and  Commerce  and  the 
South  Austrian  Society. 

From  the  time  of  the  exchange  of  the  Ratifications  of 
this  Treaty,  the  Italian  Government  is  bound  by  all  the 
Rights  and  Obligations  resulting  to  the  Austrian  Govern- 
ment by  the  above-mentioned  Convention,  in  regard  to 
the  Lines  of  Railway  situated  on  the  ceded  Territory  ; 
consequently  the  right  of  Devolution  which  belonged  to 
the  Austrian  Government. 

The  Payments  which  are  still  to  be  made  of  the  sum  due 
to  the  State  by  the  Concessionaries  in  virtue  of  the  Contract 
of  I4th  March,  1856,  as  an  equivalent  for  the  expense  of 
construction  of  the  said  Railroads,  shall  be  paid  in  full  into 
the  Austrian  Exchequer. 

The  Credits  of  the  building  Contractors  and  Tradesmen, 
as  well  as  the  Indemnities  for  appropriation  of  land,  which 
appertain  to  the  time  when  the  Railways  in  question  were 
administered  on  account  of  the  State,  and  which  have  not 
yet  been  paid,  will  be  paid  by  the  Austrian  Government, 
and,  in  so  far  as  they  may  be  due  from  them  in  virtue  of 
the  Act  of  Concession  by  the  grantees  of  the  Austrian 
Government. 

ARTICLE  XI.  It  is  understood  that  the  recovery  of  the 
debts,  resulting  from  Paragraphs  12,  13,  14,  15,  and  16 
of  the  Contract  of  the  I4th  March,  1856,  will  give  Austria 
no  right  of  control  or  superintendence  over  the  construc- 
tion and  working  of  Railways  in  the  ceded  Territory.  The 
Italian  Government  engages  on  its  part  to  communicate 


236  THE  UNION  OF  ITALY 

all  the  information  which  may  be  asked  for  on  the  subject 
by  the  Austrian  Government. 

ARTICLE  -XII.  In  order  to  extend  to  the  Venetian  Rail- 
ways the  Stipulations  of  Article  XV  of  the  Convention  of 
the  2yth  February  1866,  the  High  Contracting  Parties 
engage  to  enter  as  soon  as  possible,  in  concert  with  the 
South  Austrian  Railway  Company,  into  a  Convention  for 
the  administrative  and  economical  separation  of  the 
Venetian  and  Austrian  Railways. 

In  virtue  of  the  Convention  of  the  27th  February,  1866, 
the  guarantee  that  the  State  has  to  pay  to  the  South 
Austrian  Railway  Company  shall  be  calculated  on  the 
basis  of  the  net  produce  of  the  whole  of  the  Venetian  and 
Austrian  Lines  forming  the  networks  of  the  South  Austrian 
Railways  actually  conceded  to  the  Company.  It  is  under- 
stood that  the  Italian  Government  will  take  upon  itself 
a  proportionate  part  of  that  Guarantee  corresponding  to 
the  Lines  in  the  ceded  Territory,  and  that  the  basis  of  the 
net  produce  of  the  Austrian  and  Venetian  Lines  conceded 
to  the  said  Company  shall  still  form  the  basis  for  the 
evaluation  of  that  Guarantee. 

ARTICLE  XIII.  The  Italian  and  Austrian  Governments, 
desirous  of  extending  the  relations  between  the  two  States, 
engage  to  facilitate  Railway  Communications  and  to 
favour  the  establishment  of  new  Lines  to  unite  the  Italian 
and  Austrian  networks.  The  Government  of  His  Imperial 
and  Royal  Apostolic  Majesty  promises  besides  to  hasten  as 
much  as  possible  the  conclusion  of  the  Brenner  Line  de- 
stined to  unite  the  Valley  of  the  Adige  with  that  of  the  Inn. 

ARTICLE  XIV.  Inhabitants  or  natives  of  the  Territory 
ceded  by  the  present  Treaty  will  have,  for  the  space  of 
a  year,  from  the  day  of  the  date  on  which  the  Ratifications 
are  exchanged,  and  conditionally  on  a  previous  declaration 
before  the  competent  authorities,  full  and  entire  power 
to  export  their  Moveables,  free  of  duty,  and  to  retire  with 
their  families  into  the  States  of  His  Imperial  and  Royal 
Apostolic  Majesty,  in  which  case  their  quality  of  Austrian 
subjects  will  be  retained  by  them.  They  will  be  at  liberty 
to  keep  their  immoveable  property  situated  on  the  ceded 
Territory. 

The  same  power  is  granted  reciprocally  to  natives  of  the 
ceded  Territory  of  Lombardy  living  in  the  States  of  His 
Majesty  the  Emperor  of  Austria. 


TREATY  OF  VIENNA,  1866  237 

The  Lombards  who  profit  by  these  arrangements  cannot 
be,  on  account  of  their  choice,  disturbed  on  either  side, 
in  their  persons  or  their  properties  situated  in  the  respective 
States. 

The  delay  of  one  year  is  extended  to  two  years,  for  the 
subjects,  natives  of  the  ceded  Territory  of  Lombardy,  who 
at  the  time  of  the  exchange  of  the  Ratifications  of  this 
Treaty  are  not  within  the  Territory  of  the  Austrian 
Monarchy.  Their  Declaration  may  be  received  by  the 
nearest  Austrian  Mission,  or  by  the  superior  authority  of 
any  province  of  the  Monarchy. 

ARTICLE  XV.  The  Lombardo- Venetian  subjects  in  the 
Austrian  army  will  be  immediately  discharged  from 
military  service  and  sent  back  to  their  homes. 

It  is  understood  that  those  amongst  them  who  declare 
their  wish  to  remain  in  the  service  of  His  Imperial  and 
Royal  Apostolic  Majesty  shall  be  free  to  do  so,  and  will 
not  be  disturbed  on  this  account,  either  in  person  or  in 
property. 

The  same  guarantees  are  assured  to  the  Civil  Employes, 
natives  of  the  Lombardo- Venetian  Kingdom,  who  manifest 
their  intention  of  keeping  the  offices  they  occupy  in  the 
Austrian  Service. 

Civil  Servants  born  in  the  Lombardo-Venetian  Kingdom 
shall  have  the  choice,  either  of  remaining  in  the  Austrian 
Service,  or  entering  the  Italian  Administration,  in  which 
case  the  Government  of  His  Majesty  the  King  of  Italy 
engages,  either  to  place  them  in  positions  analogous  to 
those  which  they  occupied,  or  allot  them  Pensions,  the 
amount  of  which  shall  be  fixed  according  to  the  Laws  and 
Regulations  in  force  in  Austria.  It  is  understood  that  the 
said  Civil  Servants  shall  act  under  the  disciplinary  Laws 
and  Regulations  of  the  Italian  Administration. 

ARTICLE  XVI.  Officers  of  Italian  origin,  who  are  actually 
in  the  Austrian  Service,  shall  have  the  choice,  either  of 
remaining  in  the  Service  of  His  Imperial  and  Royal  Apos- 
tolic Majesty  or  of  entering  the  Army  of  His  Majesty  the 
King  of  Italy,  with  the  Rank  they  hold  in  the  Austrian 
Army,  provided  they  make  the  request  within  6  months 
after  the  Ratification  of  the  present  Treaty. 

ARTICLE  XVII.  The  Pensions,  both  Civil  and  Military, 
regularly  paid,  and  which  were  paid  out  of  the  public 
funds  of  the  Lombardo-Venetian  Kingdom,  remain  due  to 


238  THE  UNION  OF  ITALY 

those  entitled  to  them,  and,  if  need  be,  to  their  widows 
and  children,  and  will  be  paid  in  future  by  the  Government 
of  His  Italian  Majesty. 

This  stipulation  is  extended  to  the  Pensioners,  both 
Civil  and  Military,  as  well  as  to  their  widows  and  children, 
without  distinction  of  origin,  who  keep  their  domicile  in 
the  ceded  Territory,  and  whose  salaries,  paid  up  to  1814 
by  the  then  Government  of  the  Lombardo-Venetian  Pro- 
vinces, then  became  payable  by  the  Austrian  Treasury. 

ARTICLE  XVIII.  The  Archives  of  the  ceded  Territories 
containing  the  titles  to  property,  and  documents  regarding 
the  administration  of  justice,  as  well  as  the  Political  and 
Historical  Documents  of  the  old  Republic  of  Venice,  will 
be  handed  over  to  the  Commissioners  who  shall  be  appointed 
thereto,  to  whose  care  shall  be  delivered  the  objects  of  Art 
and  Science  specially  belonging  to  the  ceded  Territory. 

Reciprocally,  the  titles  to  property,  and  documents 
connected  with  the  administration  and  civil  justice  apply- 
ing to  the  Austrian  Territories,  which  may  be  in  the 
Archives  of  the  ceded  Territory,  will  be  handed  over  to 
the  Commissioners  of  His  Imperial  and  Royal  Apostolic 
Majesty. 

The  Governments  of  Italy  and  Austria  engage  to  consult 
each  other,  at  the  request  of  the  superior  administrative 
authorities,  respecting  all  the  documents  and  information 
relative  to  the  affairs  which  concern  both  the  ceded  Terri- 
tory and  the  adjoining  country. 

They  also  engage  to  allow  authentic  Copies  to  be  taken 
of  Historical  and  Political  Documents  which  may  interest 
the  Territories  remaining  respectively  in  the  possession  of 
the  other  Contracting  Power,  and  which,  in  the  interest 
of  science,  cannot  be  taken  from  the  Archives  to  which 
they  belong. 

ARTICLE  XIX.  The  High  Contracting  Powers  engage 
reciprocally  to  grant  the  greatest  possible  Customs  Facilities 
to  the  bordering  Inhabitants  of  the  two  Countries  for  the 
improvement  of  their  property  and  the  exercise  of  their 
trade. 

ARTICLE  XX.  The  Treaties  and  Conventions  which 
have  been  confirmed  by  Article  XVII  of  the  Treaty  of 
Peace  signed  at  Zurich,  on  the  loth  November,  1859,  shall 
be  temporarily  renewed  for  one  year,  and  shall  extend  to 
all  the  Territories  of  the  Kingdom  of  Italy.  In  the  case 


TREATY  OF  VIENNA,  1866  239 

where  those  Treaties  and  Conventions  shall  not  be  denounced 
3  months  before  the  expiration  of  a  year  dating  from  the 
exchange  of  the  Ratifications,  they  shall  remain  in  force, 
and  so  on,  from  year  to  year. 

ARTICLE  XXI.  The  two  High  Contracting  Powers  reserve 
to  themselves  to  enter,  as  soon  as  possible,  into  negotia- 
tions on  the  widest  bases  reciprocally  to  facilitate  business 
between  the  two  Countries. 

Until  then,  and  for  the  term  fixed  in  the  preceding 
Article,  the  Treaty  of  Commerce  and  Navigation  of  the 
i8th  October,  1851,  shall  remain  in  force  and  shall  apply 
to  the  whole  Territory  of  the  Kingdom  of  Italy. 

ARTICLE  XXII.  The  Princes  and  Princesses  of  the  House 
of  Austria,  as  well  as  the  Princesses  who  have  entered  into 
the  Imperial  Family  by  marriage,  shall,  on  proving  their 
Titles,  recover  their  Private  Property  in  full  and  entire 
possession,  as  well  Personal  as  Real,  which  they  shall  be 
allowed  to  enjoy  and  to  dispose  of  without  being  molested 
in  any  manner  in  the  enjoyment  of  their  Rights. 

Nevertheless,  all  the  Rights  of  the  State  and  of  Indi- 
viduals are  reserved  to  be  prosecuted  by  legal  means. 

ARTICLE  XXIII.  With  a  view  to  contribute  by  every 
effort  to  quiet  the  public  mind,  the  King  of  Italy  and  His 
Majesty  the  Emperor  of  Austria  declare  and  promise  that 
in  their  respective  Territories  there  shall  be  a  full  and 
entire  amnesty  for  all  individuals  compromised  on  account 
of  Political  Events  in  the  Peninsula  up  to  the  present  time  ; 
consequently  no  individual,  no  matter  what  may  be  his 
rank  or  position  in  society,  shall  be  prosecuted,  annoyed, 
or  troubled,  in  person  or  property,  or  in  the  exercise  of  his 
rights,  on  account  of  his  conduct  or  political  opinions. 

ARTICLE  XXIV.  The  present  Treaty  shall  be  ratified, 
and  the  Ratifications  exchanged  at  Vienna  within  a  fort- 
night, or  earlier  if  possible. 

In  faith  of  which,  the  respective  Plenipotentiaries  have 
signed  it,  and  have  affixed  their  Seals  thereunto. 

Done  at  Vienna,  on  the  3rd  day  of  the  month  of  October, 
of  the  year  of  Grace,  1866. 

(L.S.)    MENABREA. 
(L.S.)    WIMPFFEN. 


240  THE  UNION  OF  ITALY 


ADDITIONAL  ARTICLE. 

The  Government  of  His  Majesty  the  King  of  Italy 
engages  itself  towards  the  Government  of  His  Imperial 
and  Royal  Apostolic  Majesty  to  pay  35,000,000  florins, 
Austrian  value,  equivalent  to  87,500,000  francs,  stipulated 
by  Article  VI  of  the  present  Treaty,  in  the  manner  and  at 
the  periods  hereinafter  determined  : 

7,000,000  florins  shall  be  paid  in  cash  by  7  Bills  or  Treasury 
Bonds  to  the  order  of  the  Austrian  Government,  payable 
at  Paris,  at  the  place  of  business  of  one  of  the  first  Bankers, 
or  of  an  Establishment  of  the  first  order,  without  interest, 
on  the  expiration  of  the  3rd  month,  dating  from  the  day  of 
the  signature  of  the  present  Treaty,  and  which  will  be 
handed  to  the  Plenipotentiary  of  His  Imperial  and  Royal 
Apostolic  Majesty  at  the  time  of  the  exchange  of  Ratifica- 
tions. 

The  payment  of  the  remaining  28,000,000  florins  shall 
take  place  at  Vienna  in  cash,  in  10  Bills  or  Treasury  Bonds 
to  the  order  of  the  Austrian  Government,  payable  at 
Paris,  at  the  rate  of  2,800,000  florins  (Austrian  value)  each 
to  reach  maturity  successively  at  intervals  of  two  months. 
These  10  Bills  or  Treasury  Bonds  shall  likewise  be  handed 
to  the  Plenipotentiary  of  His  Imperial  and  Royal  Apos- 
tolic Majesty  on  the  exchange  of  the  Ratifications.  The 
first  of  these  Bills,  or  Treasury  Bonds,  will  be  payable  two 
months  after  the  payment  of  the  Bills  or  Treasury  Bonds 
of  7,000,000  florins  above  stipulated.  For  that  period,  as 
for  the  others  following,  becoming  due  on  every  succeeding 
two  months,  the  interest  will  be  reckoned  at  5  per  cent., 
dating  from  the  first  day  of  the  month  which  will  follow 
the  exchange  of  the  Ratifications  of  the  present  Treaty. 

The  payment  of  the  Interest  shall  take  place  at  Paris 
at  the  expiration  of  each  Bill  or  Treasury  Bond. 

The  present  Additional  Article  shall  have  the  same 
force  and  value  as  if  inserted  word  for  word  in  the  Treaty 
of  this  day. 

Vienna,  3rd  October,  1866. 

(L.S.)    MENABREA. 
tL.S.)    WIMPFFEN. 


CHAPTER  VIII 
AUSTRIA  AND  PRUSSIA 

Treaty  of  Vienna  (1864)  —  Convention  of  Gastein  —  Policy  of 
Bismarck  —  Napoleon  III  —  Dispute  between  Austria  and  Prussia 
—  Proposal  for  Conference  —  Lord  Clarendon  —  Austrian  mani- 
festo —  War  —  Preliminaries  of  Peace  —  Treaty  of  Prague  — 
Annexations  —  Treaties  with  minor  German  States  —  The  North 
German  Confederation. 

Text :  The  Treaty  of  Prague  ( 1 866) . 

NEITHER  the  Treaty  of  Peace  with  Denmark  in  1864  nor 
the  Convention  of  Gastein  in  1865,  to  which  allusion  has 
already  been  made,  completely  set  at  rest  the  questions 
previously  at  issue  respecting  the  Danish  Duchies,  nor  in 
all  probability  were  they  intended  to  do  so  by  one  at  least 
of  the  parties  concerned.  The  first-named  gave  the  Elbe 
Duchies  to  be  administered  jointly  by  Austria  and  Prussia  ; 
the  latter  superseded  the  joint  administration,  giving  that 
of  Schleswig  to  Prussia  and  that  of  Hoist ein  to  Austria. 
It  moreover  awarded  Lauenburg  to  Prussia  in  return  for 
a  money  payment  to  be  made  to  Austria,  and  it  laid  the 
foundation  for  a  German  Navy,  a  German  naval  base  at 
Kiel,  and  a  Kiel  Canal,  all  under  the  command  or  control 
of  Prussia.  Bismarck,  who,  soon  after  the  accession  of 
William  I  to  the  throne  of  Prussia,  was  appointed  by  the 
new  monarch  to  the  post  of  Prime  Minister  and  Minister 
for  Foreign  Affairs,  had  from  the  outset  occupied  himself 
with  the  idea  of  advancing  Prussia  to  the  first  place  in 
the  Germanic  Confederation.  The  position  of  Austria  as 
President  of  the  Diet  at  Frankfort  was  an  obstacle  in  the 
way  of  the  realization  of  this  idea,  and  by  gradual  steps 

1003 


242  AUSTRIA  AND  PRUSSIA 

extending  over  years  he  sought  to  eliminate  Austria  from 
her  place  in  the  councils  of  Germany  and  to  reform  the 
Constitution  of  the  Germanic  Confederation. 

The  question  of  the  Danish  Duchies  lent  itself  to  the 
achievement  of  this  design.  First  came  the  dismemberment  of 
Denmark  in  1864,  then  the  modifications  effected  at  Gastein 
in  1865.  The  Convention  of  Gastein  (August  14, 1865)  for 
a  time  staved  off  the  threatened  war  between  Austria  and 
Prussia  by  introducing  a  modus  vivendi  in  the  Duchies  and 
putting  a  stop  to  the  squabbles  arising  out  of  the  joint 
control.  This  enabled  Bismarck  to  complete  his  arrange- 
ments and  to  win  over  his  sovereign  to  his  views,  the  King 
of  Prussia  being  at  that  time  averse  from  entering  upon  a 
war  with  Austria.  No  sooner  was  the  Convention  concluded 
than  Bismarck,  in  September  1865,  approached  the  Emperor 
of  the  French  with  a  view  to  obtaining  his  concurrence  in 
the  idea  of  an  offensive  Alliance  between  Prussia  and  Italy 
against  Austria.  Napoleon  III,  always  desirous  of  seeing 
Venetia  united  to  Italy,  and  perhaps  actuated  also  by  other 
political  reasons,  raised  no  objection  to  the  proposal,  and 
the  chance  of  interference  from  this  quarter  being  removed, 
a  treaty  of  offensive  and  defensive  Alliance  was  con- 
cluded between  Prussia  and  Italy  in  April  1866.  Meantime 
the  dissensions  in  the  Germanic  Diet  concerning  the 
Duchies  had  led  Prussia  to  put  forward  demands  for  the 
re-constitution  of  the  Germanic  Confederation.  Reforms 
proposed  by  Austria  were  discarded  by  Prussia,  who  took 
steps  to  ascertain  what  amount  of  support  she  could 
count  upon  from  the  minor  German  States  in  the  event 
of  war.  Austria  announced  in  March  1866  that  she  would 
refer  the  Duchies  question  to  the  Federal  Diet,  and  she 
pressed  upon  the  Diet  the  necessity  of  mobilizing  the  Federal 
armies ;  the  Diet  agreed  to  the  Austrian  proposal  for  mobi- 
lization. Prussia  thereupon  sent  troops  into  Holstein,  and 
declared  in  the  Diet  on  June  14,  1866,  that  the  action  of 
Austria  in  the  matter  of  the  mobilization  constituted 


PROPOSAL  FOR  CONFERENCE  243 

a  breach  of  the  Federal  Act  which  decreed  that  no  member 
of  the  Confederation  should  make  war  upon  another 
member ;  in  a  long  argumentative  document  she  announced 
that  she  considered  the  dissolution  of  the  Federal  Pact  as 
accomplished,  and  would  act  accordingly.1 

Before  matters  had  arrived  at  this  pitch,  that  is  to  say 
at  the  beginning  of  May  1866,  fresh  endeavours  were 
made  by  Great  Britain,  France,  and  Russia  to  avert  the 
threatened  war  between  Austria  and  Prussia  by  means  of 
assembling  a  conference  or  congress  of  the  Powers  to  dis- 
cuss the  matters  in  dispute.2  Lord  Clarendon,  the  British 
Secretary  of  State  for  Foreign  Affairs,  in  a  dispatch  to  the" 
ambassador  at  Paris,  while  assenting  to  the  idea  of  a 
congress  mooted  by  France,  went  on  to  say,  '  But  Her 
Majesty's  Government  consider  that  a  congress  should 
not  meet  without  its  objects  being  previously  defined  and 
without  a  reasonable  prospect  of  effecting  the  purpose  for 
which  it  was  convoked.  The  origin  of  the  unfortunate 
dispute  between  Prussia  and  Austria  is  the  Duchies,  upon 
the  annexation  of  which  Prussia  appears  to  be  determined. 
Could  a  congress  sanction  such  a  policy,  which  could  only 
be  carried  into  effect  by  violence,  if  the  wishes  of  the  people 
were  not  consulted,  and  if  they  were,  assuredly  Prussia 
would  not  obtain  the  Duchies  ?  With  regard  to  the  cession 
of  Venetia,  it  is  notorious  that  Austria  will  not  cede  her 
Italian  provinces  unless  she  obtains  territorial  compensa- 
tion elsewhere  ;  but  where  is  this  to  be  obtained  ? '  Lord 
Clarendon  therefore  proposed  that,  inasmuch  as  a  congress 
would  be  powerless  to  enforce  its  decisions,  an  appeal 
should  be  made  to  the  three  Powers  on  the  point  of  taking 
the  field,  by  Great  Britain,  France,  and  Russia,  who,  in- 
voking the  Protocol  of  Paris,3  should  call  upon  them  to 
resume  the  status  quo. 

1  Hertslet's  Map  of  Europe  by  Treaty,  vol.  iii,  p.  1652. 
1  The  three  questions  at  issue  were  the  Danish  Duchies,   the 
position  of  Venetia,  and  the  reform  of  the  German  Federal  Diet. 
'  As  to  having  recourse  to  mediation  before  entering  on  a  war, 

R  2 


244  AUSTRIA  AND  PRUSSIA 

France  did  not  fall  in  with  this  suggestion,  but  was  in 
favour  of  a  preliminary  meeting  between  England,  France, 
and  Russia  to  settle  a  programme  and  announce  a  '  firm 
intention  '  to  solve  the  international  difficulties  in  the 
direction  of  peace.  The  words,  '  a  firm  intention/  were 
demurred  to  by  England  as  possibly  tending  to  commit 
her  to  action  she  did  not  contemplate.  France  argued,  on 
the  other  hand,  though  deprecating  the  employment  of 
force  in  giving  effect  to  the  firm  intention,  that  the  decisions 
of  the  Powers  would  be  stripped  of  all  authority  if  they 
were  to  declare  beforehand  that  the  enforcement  of  their 
'  decisions  by  arms  was  absolutely  renounced  by  them. 

A  conference  at  Paris  was  therefore  decided  on,  and 
Austria,  Prussia,  Italy,  and  the  Germanic  Confederation 
were  invited  to  take  part  in  it.  Prussia  accepted  the 
invitation,  but  did  not  admit  that  the  question  of  the 
Elbe  Duchies  was  the  one  which  menaced  the  peace  of 
Europe,  '  a  question  she  had  never  intended  to  make 
a  casus  belli ' ;  it  was,  rather,  the  menacing  attitude  and 
military  preparations  of  Austria  and  other  German  States 
which  had  given  rise  to  the  complications.1 

Italy  and  the  Germanic  Confederation  also  accepted  the 
invitation.  Austria  accepted  it  likewise,  but  she  attached 
to  her  acceptance  of  it  a  condition  to  the  effect  that  all 
discussions  with  a  view  to  a  territorial  aggrandizement  or 
an  increase  of  power  of  any  one  of  the  Powers  invited  to 
the  conference  be  excluded  from  its  deliberations.2  This 
condition  was  held  to  exclude  from  consideration  the  most 
important  of  the  questions  in  dispute,  and  as  a  result 
(June  8,  1866)  no  conference  took  place.3 

Thus,  Prussia  having  declared  the  Germanic  Confedera- 

April  14,  1856.  State  Papers,  vol.  xlvi,  p.  133.  See  below,  p.  270. 
A  similar,  and,  this  time,  compulsory  provision  is  contained  in 
Art.  12  of  the  Covenant  of  the  League  oi  Nations,  June  28,  1919. 

1  State  Papers,  vol.  Ivii,  p.  395. 

*  Ibid.,  vol.  Ivii,  p.  402. 

1  Ibid.,  vol.  Ivii,  p.  411. 


246  AUSTRIA  AND  PRUSSIA 

tion  to  be  dissolved,  and  having  withdrawn  from  it,  placing 
the  blame  upon  Austria  and  the  Diet,  and  having  more- 
over entered  into  an  alliance  with  Italy,  no  alternative  to 
war  remained.  The  Austrian  manifesto  declaring  war  was 
dated  June  17,  the  Prussian  June  18,  and  the  Italian 
June  19,  1866. 

The  manifesto  of  the  Emperor  of  Austria  declaring  war 
against  Prussia  and  Italy  went  into  some  detail  concern- 
ing the  causes  which  had  necessitated  an  appeal  to  arms.1 
Though  slightly  coloured  with  a  tint  of  bias,  it  probably 
gives  a  fairly  accurate  representation  of  the  position  of 
affairs.  His  Majesty  declared  that  he  was  threatened  on 
two  frontiers  by  enemies  allied  for  the  purpose  of  break- 
ing the  power  of  Austria,  to  neither  of  whom  he  had  given 
cause  for  war.  For  one  of  the  Powers  a  favourable  oppor- 
tunity was  a  sufficient  excuse  for  going  to  war.2  The 
Emperor  went  on  to  say  that  after  the  conquest  of  the 
Elbe  Duchies,  an  aggressive  war  against  Austria  was  at 
once  prepared  for ;  that  on  his  offer  of  simultaneous 
disarmament,  Prussia  demanded  a  previous  disarmament 
by  Austria,  and  that  no  negotiations  respecting  the  Duchies 
could  succeed  because  Prussia  was  violent  and  intent  on 
conquest.  She  had  forcibly  ejected  the  Austrian  garrison 
from  Holstein,  and  when  the  German  '  Bund  '  had  adopted 
the  Austrian  proposal  to  mobilize  the  Federal  troops,  she 
violently  severed  the  tie  which  united  the  German  races 
and  seceded  from  the  Bund.  '  We  shall  not  be  alone  ', 
added  the  Emperor,  '  in  the  struggle  which  is  about  to 
take  place.  The  Princes  and  Peoples  of  Germany  know 
that  their  liberty  and  independence  are  menaced  by 
a  Power  which  listens  but  to  the  dictates  of  egotism  and 

1  State  Papers,  vol.  Ixiii,  p.  580. 

*  This  was  true  enough  :  it  was  notorious  that  Italy  was  biding 
her  time  with  a  view  to  acquiring  Venetia,  of  which  her  Alliance 
with  Prussia  is  a  proof.  On  the  other  hand,  it  is  to  be  borne  in  mind 
that  the  internal  condition  of  Venetia  under  Austrian  rule  justified 
the  Italian  desire  for  the  emancipation  of  that  kingdom. 


PRELIMINARIES  OF  PEACE  247 

is  under  the  influence  of  an  ungovernable  craving  after 
aggrandizement.' 

Saxony,  Bavaria,  Wurtemberg,  Baden,  and  Hesse- 
Cassel  threw  in  their  lot  with  Austria.  There  can  be 
little  doubt  that  the  latter  confidently  expected  a  favour- 
able issue  from  the  contest,  but  superior  strategy  and 
rapidity  of  movement  on  the  part  of  the  Prussians  (under 
the  guidance  of  von  Moltke)  turned  the  scale  in  the  opposite 
direction.  After  several  reverses,  and  notwithstanding 
a  measure  of  success  against  the  Italian  forces,  Austria 
was  glad  to  have  recourse  to  the  mediation  of  France 
with  a  view  to  peace,  at  the  same  time  ceding  to  France 
the  Lombardo- Venetian  Kingdom  on  an  understanding 
that  it  would  be  passed  on  to  Italy.1 

France,  in  communication  with  the  two  belligerents, 
Austria  and  Prussia,  thereupon  drew  up  a  document  to 
serve  as  a  basis  for  the  conclusion  of  peace,  which  being 
accepted  by  them,  a  Preliminary  Treaty  of  Peace  founded 
upon  it  was  signed  between  those  two  Powers  at  Nikolsburg 
on  July  26,  1 866.2 

These  Preliminaries  declared  : 

Article  I.  The  Austrian  territory  to  remain  intact,  except- 
ing Venetia.  Article  II.  The  dissolution  of  the  Germanic 
Confederation  :  new  organization  to  be  without  the  partici- 
pation of  Austria,  &c.  Article  III.  Transfer  of  Austrian 
rights  in  the  Duchies  of  Schleswig  and  Holstein  to  Prussia 
and  reunion  of  North  Schleswig  to  Denmark.  Article  IV. 
The  payment  of  a  war  indemnity  to  Prussia.  Article  V. 
The  territorial  integrity  of  Saxony,  &c.  Article  VI.  That 
Italy  should  approve  of  the  Preliminaries  of  Peace,  &c. 
Article  VII.  That  the  Preliminaries  should  be  ratified. 
Article  VIII.  That  peace  should  be  concluded  on  the 
basis  of  the  Preliminaries.  Article  IX.  That  an  armistice 
should  be  concluded  between  the  various  States. 

*  Queen  Victoria  had  proposed  that  England  should  intervene 
against  Prussia :  Lord  Russell  refused.  See  Egerton,  British 
Foreign  Policy,  p.  283.  *  State  Papers,  vol.  Ivi,  p.  1029. 


248  AUSTRIA  AND  PRUSSIA 

The  definitive  Treaty  of  Peace  between  Austria  and 
Prussia  was  signed  at  Prague  on  August  23,  1866. 

The  first  Article  of  this  Treaty  contained  the  usual  peace 
and  friendship  stipulation. 

The  second  Article  recorded  the  consent  of  Austria  to  the 
union  of  the  Lombardo- Venetian  Kingdom  with  Italy. 

The  third  Article  provided  for  the  liberation  of  prisoners 
of  war;  the  details  of  this  and  of  the  evacuation  of 
Austrian  territory  were  given  in  a  Protocol  appended  to 
the  Treaty. 

By  the  fourth  Article  Austria  acknowledged  the  dissolu- 
tion of  the  Germanic  Confederation,1  and  consented  to 
a  new  organization  without  the  participation  of  Austria. 

The  fifth  Article  transferred  to  Prussia  all  the  rights 
over  Schleswig  and  Holstein  acquired  by  Austria  under 
the  Treaty  of  October  30,  1864  (see  p.  199),  with  a  con- 
dition for  the  cession  to  Denmark  of  Northern  Schleswig, 
if  desired  by  the  populations.2 

The  sixth  Article  guaranteed  the  territories  of  Saxony, 
subject  to  a  contribution  to  the  expenses  of  the  war,  and 
recorded  the  recognition  by  Austria  of  the  arrangements 
to  be  made  by  Prussia  in  North  Germany. 

The  seventh  Article  provided  for  arrangements  to  be 
made  respecting  the  late  Federal  property,  by  means  of 
a  commission. 

The  eighth  Article  dealt  with  the  removal  or  disposal  of 
Imperial  property  in  Federal  fortresses,  &c. 

The  ninth  Article  secured  payment  of  pensions  of 
Federal  officials  ;  pensions  of  officers  of  Schleswig-Holstein 
Army  were  to  be  paid  by  Prussia. 

The  tenth  Article  secured  payment  of  pensions  granted 


1  This  Confederation   had   been  established   by   the   Powers   of 
Europe  at  the  Congress  of  Vienna  in  1815.     It  was  thus  dissolved 
without  their  connivance. 

2  This  condition  was  rescinded  by  arrangement  between  Austria 
and  Prussia — see  p.  252,  note. 


TREATIES  OF  PEACE  249 

by  the  Austrian  Lieutenancy  in  Holstein,  and  the  restora- 
tion of  bonds  belonging  to  the  Holstein  Treasury  ;  it  also 
decreed  the  non-molestation  of  persons  belonging  to  the 
Duchies,  and  of  Austrian  and  Prussian  subjects  on  account 
of  political  conduct  during  recent  events. 

The  eleventh  Article  fixed  the  war  indemnity  to  be  paid 
by  Austria  to  Prussia. 

The  twelfth  Article  provided  for  the  evacuation  of 
Austrian  territory ;  the  details  of  this  were  embodied  in 
a  Protocol  annexed  to  the  Treaty. 

The  thirteenth  Article  renewed  the  treaties  in  operation 
before  the  war,  as  far  as  applicable  to  new  conditions,  and 
adumbrated  a  revision  of  the  Zollverein  Treaty  of  I865.1 

The  fourteenth  and  last  Article  provided  for  the  exchange 
of  ratifications  within  eight  days. 

The  ratifications  were  duly  exchanged  on  August  30, 
1866. 

As  soon  as  the  Preliminaries  of  Peace  were  signed, 
Prussia  set  about  the  reconstruction  of  the  map  of  Europe 
as  affected  by  the  events  of  the  late  war. 

On  August  13  (1866)  she  signed  a  Treaty  of  Peace  with 
Wurtemberg,  providing  for  a  war  indemnity,  the  re- 
establishment  of  Zollverein  Treaties,  the  regulation  of 
railway  traffic  and  communications,  &c.2 

On  August  1 6  the  Prussian  Landtag  was  called  upon  to 
sanction  the  annexation  of  Hanover,  Hesse-Cassel,  Nassau, 
and  Frankfort  to  Prussia.  This  sanction  was  accorded 
and  a  decree  promulgated  on  September  20,  i866.3 

On  August  17  Prussia  signed  a  Treaty  of  Peace  with 
Baden,  similar  to  the  Wurtemberg  Treaty,  but  providing  in 

1  In  1833  a  Customs  Union  or  Zollverein  was  arranged  by  treaty 
between  Prussia  and  several  other  German  States,  the  object  being 
to  establish  reciprocal  treatment  inter  se  with  regard  to  trade, 
customs-duties,  tariffs,  and  kindred  matters.  Other  States,  not 
originally  signatories,  subsequently  joined  the  Union.  Austria 
joined  it  by  a  treaty  dated  April  n,  1865.  (See  Stale  Papers, 
vol.  Iviii,  p.  352.) 

*  State  Papers,  vol.  Ivii,  p.  1163.  '  Ibid.,  vol.  Ivi,  p.  1067. 


250  AUSTRIA  AND  PRUSSIA 

addition  for  the  abolition  of  navigation  dues  on  the 
Rhine.1 

On  August  22  she  signed  a  Treaty  of  Peace  with  Bavaria, 
similar  to  the  foregoing,  dealing  also  with  the  renewal 
of  treaties,  navigation  dues  on  the  Rhine  and  Main, 
telegraphs,  cessions  of  territory  to  Prussia,  &c.2 

On  September  3  she  signed  a  Treaty  of  Peace  with 
Hesse-Darmstadt  of  a  similar  nature,  stipulating  for  the 
abolition  of  navigation  dues  on  the  Rhine  and  on  the 
Main,  as  well  as  for  mutual  cessions  of  territory,  &c.3 

On  October  8  she  signed  a  Treaty  of  Peace  with  Saxe- 
Meiningen,  renewing  treaties,  declaring  cessions  of  territory 
to  Prussia,  with  exclusive  use  of  posts  and  telegraphs,  &c.4 

On  October  21  she  signed  a  Treaty  of  Peace  with  Saxony. 
It  dealt  with  war  indemnity,  reorganization  of  Saxon 
troops  as  an  integral  part  of  the  North  German  Federal 
Army  under  the  supreme  command  of  the  King  of  Prussia, 
renewal  of  treaties,  railways,  post  and  telegraph  service, 
abolition  of  rights  of  Leipzig  University,  cessions  of 
territory  by  Saxony,  fortress  of  Konigstein,  &c.6 

Treaties  of  offensive  and  defensive  alliance  were  also 
concluded  between  Prussia  and  various  South  German 
States  in  August  and  September  1866. 

By  these  several  treaties,  by  the  annexation  of  Hanover 
and  other  territories,  and  by  the  creation  of  a  North 
German  Confederation  to  take  the  place  of  the  old  Germanic 
Confederation,  Germany  (to  the  exclusion  of  Austria)  was 
reconstituted  under  the  control  of  Prussia. 

The  constitution  of  the  new  North  German  Confedera- 
tion was  promulgated  on  June  14,  i867.6 

In  the  Federal  Council,  composed  of  the  members  of  the 
Confederation,  Prussia  had  the  preponderating  influence 
with  17  votes  as  against  4  votes  for  Saxony,  2  votes  each 

1  State  Papers,  vol.  Ivii,  p.  1165.  2  Ibid.,  vol.  Ivi,  p.  1044. 

3  Ibid.,  vol.  Ivi,  p.  1057.  4  Ibid.,  vol.  Ivi,  p.  1082. 

*  Ibid.,  vol.  Ivi,  pp.  1084,  1090.  •  Ibid.,  vol.  Ivii,  p.  296. 


NORTH  GERMAN  CONFEDERATION         251 

for  Mecklenburg-Schwerin  and  Brunswick,  and  I  vote 
each  for  the  remaining  18  members,  making  a  total  of 
43  votes  in  all. 

The  presidency  of  the  Confederation  was  vested  in 
Prussia,  with  the  right  of  representing  the  Confederation 
internationally,  of  declaring  war  and  concluding  peace, 
of  entering  into  alliances  and  other  treaties  with  foreign 
States,  and  of  accrediting  and  receiving  ambassadors  in 
the  name  of  the  Confederation. 

All  the  land  forces  of  the  Confederation  formed  one 
single  army  under  the  command  of  the  King  of  Prussia 
as  Federal  commander-in-chief,  who,  amongst  other  attri- 
butes, possessed  the  right  of  erecting  fortresses  on  Federal 
territory.  The  Federal  navy,  likewise,  was  placed  under 
the  command-in-chief  of  Prussia.  These  were  some  of 
the  more  important  of  the  stipulations  of  the  Constitution, 
which,  however,  dealt  with  many  other  subjects,  such  as 
commerce,  railways,  posts  and  telegraphs,  customs  and 
such-like.  It  was,  moreover,  declared  that  a  majority  of 
two-thirds  of  the  votes  in  the  Federal  Council  was  requisite 
in  order  to  effect  an  alteration  of  the  Constitution. 

TREATY   OF   PEACE   BETWEEN   AUSTRIA   AND    PRUSSIA. 
SIGNED  AT  PRAGUE,  23RD  AUGUST,  I866.1 

ARTICLE  I.  There  shall  be  Peace  and  Friendship  between 
His  Majesty  the  Emperor  of  Austria  and  His  Majesty  the 
King  of  Prussia,  and  between  their  heirs  and  successors,  as 
well  as  between  their  respective  States  and  subjects,  hence- 
forth and  for  ever. 

ARTICLE  II.  For  the  purpose  of  carrying  out  Article  VI 
of  the  Preliminaries  of  Peace  concluded  at  Nikolsburg  on 
the  26th  July,  1866,  and  as  His  Majesty  the  Emperor  of 
the  French  officially  declared  through  his  accredited 
Ambassador  to  His  Majesty  the  King  of  Prussia,  on  the 
2gih  July,  1866,  '  qu'en  ce  qui  concerne  le  Gouvernement 
de  I'Empereur,  la  Venetie  est  acquise  a  1'Italie  pour  lui 
etre  remise  a  la  Paix,' — His  Majesty  the  Emperor  of  Austria 

1  Stale  Papers,  vol.  Ivi,  p.  1050;    Hertslet,  vol.  iii,  No.  388. 


252  AUSTRIA  AND  PRUSSIA 

also  accedes  on  his  part  to  that  Declaration  and  gives  his 
consent  to  the  Union  of  the  Lombardo- Venetian  Kingdom 
with  the  Kingdom  of  Italy,  without  any  other  burdensome 
condition  than  the  liquidation  of  those  Debts  which,  being 
charged  on  the  Territories  ceded,  are  to  be  recognized  in 
accordance  with  the  precedent  of  the  Treaty  of  Zurich. 

ARTICLE  III.  The  Prisoners  of  War  shall  be  set  at 
liberty  immediately  on  both  sides. 

ARTICLE  IV.  His  Majesty  the  Emperor  of  Austria 
acknowledges  the  dissolution  of  the  Germanic  Confedera- 
tion as  hitherto  constituted,  and  gives  his  consent  to  a  new 
organization  of  Germany  without  the  participation  of  the 
Imperial  Austrian  State.  His  Majesty  likewise  promises 
to  recognize  the  more  restricted  Federal  relatidks  which 
His  Majesty  the  King  of  Prussia  will  establish  to  the 
north  of  the  line  of  the  Main  ;  and  he  declares  his  con- 
currence in  the  formation  of  an  Association  of  the  German 
States  situated  to  the  south  of  that  line,  whose  national 
connexion  with  the  North  German  Confederation  is  reserved 
for  further  arrangement  between  the  parties,  and  which 
will  have  an  independent  international  existence. 

ARTICLE  V.  His  Majesty  the  Emperor  of  Austria 
transfers  to  His  Majesty  the  King  of  Prussia  all  the  rights 
which  he  acquired  by  the  Vienna  Treaty  of  Peace  of 
30th  October,  1864,  over  the  Duchies  of  Holstein  and 
Schleswig,  with  the  condition  that  the  populations  of  the 
Northern  Districts  of  Schleswig  shall  be  ceded  to  Denmark 
if,  by  a  free  vote,  they  express  a  wish  to  be  united  to 
Denmark.1 

ARTICLE  VI.  At  the  desire  of  His  Majesty  the  Emperor 
of  Austria,  His  Majesty  the  King  of  Prussia  declares  his 
willingness  to  let  the  present  Territorial  condition  of  the 
Kingdom  of  Saxony  remain  to  the  same  extent  as  before, 
in  the  alterations  which  are  about  to  be  made  in  Germany  ; 
but  he  reserves  to  himself  the  right  of  arranging  the  con- 
tribution of  Saxony  to  the  expenses  of  the  War,  and  the 
future  position  of  the  Kingdom  of  Saxony  in  the  North 
German  Confederation,  by  a  special  Treaty  to  be  con- 
cluded with  His  Majesty  the  King  of  Saxony. 

1  This  condition  was  abrogated  by  treaty  between  Prussia  and 
Austria  (Vienna,  October  n,  1878),  see  Nouveau  Recueil,  nme  serie, 
t.  iii,  and  Manuel  historique  de  la  Question  du  Slesvig,  by  F.  de 
Jessen  (Copenhagen,  1906),  p.  312. 


TREATY  OF  PRAGUE,  1866  253 

On  the  other  hand,  His  Majesty  the  Emperor  of  Austria 
promises  to  recognise  the  new  arrangements  that  will  be 
made  by  His  Majesty  the  King  of  Prussia  in  North  Germany, 
including  the  Territorial  alterations. 

ARTICLE  VII.  For  the  purpose  of  making  arrangements 
respecting  the  late  Federal  Property,  a  Commission  will 
meet  at  Frankfort-on-the-Main  within  6  weeks  at  farthest 
from  the  Ratification  of  this  Treaty,  to  which  Commission 
all  claims  and  demands  on  the  German  Confederation  are 
to  be  sent  in,  and  they  will  be  liquidated  within  6  months. 
Austria  and  Prussia  will  send  Representatives  to  that 
Commission,  and  all  the  other  late  Federal  Governments 
are  at  liberty  to  do  the  same. 

ARTICLE  VIII.  Austria  has  the  right  of  removing  or 
otherwise  disposing  of  the  Imperial  Property  in  the  Federal 
Fortresses,  and  the  part  of  the  movable  Federal  Property 
belonging  to  Austria,  according  to  specification  ;  the  same 
is  the  case  with  all  the  movable  effects  of  the  Confedera- 
tion. 

ARTICLE  IX.  The  Pensions  to  which  the  regular  Officials, 
Servants,  and  Pensioners  of  the  Confederation  are  entitled, 
or  which  have  already  been  granted,  will  be  secured  to 
them  pro  rata  of  the  register. 

The  Royal  Prussian  Government,  however,  undertakes 
the  Pensions  and  Allowances  hitherto  paid  out  of  the 
Federal  matriculation  fund  to  the  Officers  of  the  former 
Schleswig-Holstein  Army  and  their  survivors. 

ARTICLE  X.  The  persons  interested  in  the  Pensions 
granted  by  the  Imperial  Royal  Austrian  Lieutenancy  in 
Holstein  will  still  be  allowed  to  draw  them. 

The  sum  of  449,500  thalers  of  Danish  currency  in  4  per 
cent.  Danish  State  Bonds,  which  is  still  in  the  custody 
of  the  Imperial  Royal  Austrian  Government,  and  which 
belongs  to  the  Holstein  Treasury,  will  be  restored  to  it 
immediately  after  the  Ratification  of  the  present  Treaty. 

No  one  belonging  to  the  Duchies  of  Holstein  and  Schles- 
wig,  and  no  subject  of  their  Majesties  the  Emperor  of 
Austria  and  the  King  of  Prussia  will  be  prosecuted, 
molested,  or  obstructed  in  his  person  or  property  on 
account  of  his  Political  conduct  during  the  late  events  and 
the  War. 

ARTICLE  XI.  His  Majesty  the  Emperor  of  Austria  under- 
takes to  pay  to  His  Majesty  the  King  of  Prussia  the  sum 


254  AUSTRIA  AND  PRUSSIA 

of  40,000,000  Prussian  thalers,  to  cover  part  of  the  expenses 
which  Prussia  has  been  put  to  by  the  War.  From  that  sum 
is  however  to  be  deducted  the  amount  of  the  War  expenses 
which  His  Majesty  the  Emperor  of  Austria  has  still  to 
demand  from  the  Duchies  of  Schleswig  and  Holstein, 
according  to  Article  XII  of  the  aforesaid  Treaty  of  Vienna 
of  the  30th  October,  1864,  to  the  extent  of  15,000,000 
Prussian  thalers,  as  well  as  a  further  sum  of  5,000,000,  as 
an  equivalent  for  the  free  maintenance  which  the  Prussian 
Army  is  to  have  in  those  parts  of  the  Austrian  Territories 
which  it  occupies,  until  the  conclusion  of  Peace  ;  so  that 
there  only  remain  20,000,000  to  be  paid  in  ready  money. 

One-half  of  that  sum  is  to  be  settled  when  the  Ratifica- 
tion of  the  present  Treaty  takes  place,  the  second  half 
3  weeks  later  at  Oppeln  in  cash. 

ARTICLE  XII.  The  Evacuation  of  the  Austrian  Terri- 
tories held  by  the  Royal  Prussian  troops  shall  be  completed 
within  3  weeks  after  the  exchange  of  the  Ratifications  of 
the  Treaty  of  Peace.  From  the  day  of  the  exchange  of  the 
Ratifications  the  Prussian  General  Governments  will  confine 
their  functions  to  the  purely  military  sphere  of  operations. 

The  special  stipulations  according  to  which  the  Evacua- 
tion is  to  take  place  are  settled  in  a  separate  Protocol 
which  forms  an  Appendix  to  the  present  Treaty. 

ARTICLE  XIII.  All  the  Treaties  and  Conventions  con- 
cluded between  the  High  Contracting  Parties  before  the 
War  are  hereby  again  brought  into  force,  in  so  far  as  they 
by  their  nature,  must  not  lose  their  effect  by  the  dissolu- 
tion of  the  relations  of  the  Germanic  Confederation.  The 
General  Cartel  Convention  between  the  German  Federal 
States,  of  the  loth  February,  1831,  together  with  the 
supplementary  stipulations  belonging  thereto,  will  especi- 
ally retain  its  validity  between  Austria  and  Prussia.  The 
Imperial  Royal  Austrian  Government  declares,  however, 
that  the  Monetary  Treaty  concluded  the  24th  January, 
1857,  loses  its  most  essential  value  for  Austria  by  the 
dissolution  of  the  German  Federal  relations,  and  the 
Royal  Prussian  Government  declares  its  willingness  to 
enter  into  negotiations  with  Austria  and  the  other  par- 
ticipators in  that  Treaty  for  the  abrogation  thereof. 

In  like  manner,  the  High  Contracting  Parties  reserve  to 
themselves  to  enter  into  a  negotiation  as  soon  as  possible 
for  the  Revision  of  the  Commercial  and  Customs  Treaty 


TREATY  OF  PRAGUE,  1866  255 

of  the  nth  April,  1865,  for  the  further  facilitation  of  their 
reciprocal  traffic.  Meanwhile  the  said  Treaty  shall  again 
come  into  force,  on  the  condition  that  each  of  the  High 
Contracting  Parties  reserves  the  right  of  putting  an  end 
to  its  operation  after  6  months'  notice. 

ARTICLE  XIV.  The  Ratifications  of  the  present  Treaty 
shall  be  exchanged  at  Prague  within  the  space  of  8  days, 
or  sooner  if  possible. 

In  witness  whereof  the  respective  Plenipotentiaries  have 
signed  the  present  Treaty,  and  have  affixed  to  it  the  Seals 
of  their  Arms. 

Done  at  Prague,  on  the  23rd  day  of  the  month  of  August, 
in  the  year  of  Salvation,  1866. 

(L.S.)  BRENNER.     (L.S.)  WERTHER. 


CHAPTER  IX 
THE  GRAND  DUCHY  OF  LUXEMBURG 

The  Grand  Duchy  of  Luxemburg  —  The  Revolution  of  1830  — 
Dissolution  of  the  Germanic  Confederation  —  Crisis  of  1 866  —  The 
Treaty  of  London,  1 867  —  Lord  Derby  on  a  Collective  Guarantee — 
Foreign  opinion  —  Obligations  of  Luxemburg  —  The  War  of 
1870  —  End  of  the  Dutch  connexion  —  The  War  of  1914. 

Text  i  The  Treaty  of  London  (1867). 

THE  Grand  Duchy  of  Luxemburg  is  to  be  dated  only 
from  the  year  1815,  when  it  was  created  by  the  Congress 
of  Vienna.  The  King  of  the  Netherlands  was  made  Grand 
Duke,  as  a  compensation  for  the  loss  of  the  German  terri- 
tories of  the  House  of  Orange-Nassau,  which  Prussia  had 
been  allowed  to  annex. 

Originally  a  feudal  County,  within  the  Mediaeval  Empire, 
Luxemburg  at  the  end  of  the  Middle  Ages  was  part  of  the 
dominions  of  the  House  of  Burgundy.  Subsequently,  along 
with  the  greater  part  of  the  Burgundian  dominions,  includ- 
ing the  Netherlands,  it  passed  to  the  House  of  Habsburg, 
through  the  marriage  (in  1477)  of  Maximilian  I  to  Mary  the 
daughter  of  Duke  Charles  the  Bold.  The  Spanish  branch 
of  the  House  of  Habsburg  held  Luxemburg  with  the 
'  Spanish  Netherlands '  from  1556  till  1713,  when  under 
the  Peace  of  Utrecht  it  passed  to  Austria.  During  the 
French  Revolutionary  Wars  Luxemburg  was  taken  from 
Austria  by  France.  At  the  Vienna  Settlement  in  1815  it 
was  not  restored  to  Austria,  but,  as  has  already  been 
explained,  was  erected  into  a  Grand  Duchy,  with  the 
Dutch  King  as  Grand  Duke. 

The  Grand  Duchy,  like  Belgium,  felt  the  revolutionary 


THE  CRISIS  OF  1866  257 

influences  which  were  started  by  the  Revolution  of  July 
1830  in  Paris.  Luxemburg  joined  Belgium  in  throwing  off 
the  Dutch  control.  The  Powers,  by  the  Treaty  of  London, 
November  15,  1831,  partitioned  Luxemburg  in  two ;  the 
western  and  larger  portion  was  to  be  incorporated  in  the 
new  Kingdom  of  Belgium ;  the  rest,  with  the  city  of  Luxem- 
burg itself,  was  to  continue  the  Grand  Duchy  under  the 
King  of  the  Netherlands.  Both  the  Belgians  and  the 
Grand  Duke  were  dissatisfied  with  this  arrangement,  and 
it  was  not  till  1839  that  the  agreement  was  carried  into 
effect  (Treaty  of  London,  April  19,  1839  ;  see  p.  135). 

From  1839  till  1866  the  Grand  Duchy  remained  undis- 
turbed. The  reason  for  its  existence  in  international  law 
was  to  prevent  any  aggression  of  France  against  Prussia 
and  the  North  German  States.  For  in  1815,  when  the 
Grand  Duchy  was  created,  it  was  France  that  Europe 
feared.  As  the  Grand  Duchy  was  not  strong  enough  to 
defend  itself,  the  city  of  Luxemburg  was  fortified,  and 
was  garrisoned  by  Prussia.1  The  Grand  Duchy  belonged 
to  the  Germanic  Confederation. 

In  1866,  however,  as  a  consequence  of  the  war  between 
Austria  and  Prussia,  the  German  Confederation  was  dis- 
solved (Treaty  of  Prague,  August  23,  1866  ;  see  p.  248). 
The  North  German  Confederation,  under  the  headship 
of  Prussia  with  Austria  excluded,  came  into  existence. 
Luxemburg  was  not  part  of  the  new  Confederation,  and 
seemed  about  to  gravitate  towards  France.  Napoleon  III 
held  that  if  Luxemburg  in  1815  had  been  needed  as  a  buffer 
for  Germany  against  France,  it  was  now  needed  as  a  buffer 
for  France  against  Germany.  Negotiations  were  accord- 
ingly opened  between  the  Grand  Duke  and  the  French 
Emperor  for  the  sale  of  Luxemburg  to  France.  Prussia 
was  cognizant  of  this  movement,  and  proposed  to  prevent 
it  by  war.  The  cloud  of  a  fearful  war  between  the  two 

1  Treaty  of  Frankfort,  July  20,  1819  ;  see  Hertslet,  vol.  i,  p.  251, 
note. 

1903 


258   THE  GRAND  DUCHY  OF  LUXEMBURG 

greatest  States  of  the  Continent  hung  over  Europe.  The 
British  Government  worked  to  avert  this,  and  proposed  the 
meeting  of  a  Conference,  the  wholesome  means  by  which, 
from  1815  till  1914,  the  calamities  of  war  have  been  many 
times  averted.  In  the  Conference,  which  took  place  at 
London,  Great  Britain,  Austria,  Belgium,  France,  Italy, 
the  Netherlands,  Prussia,  and  Russia,  concluded  the  Treaty 
of  May  n,  1867,  which  denned  anew  the  position  of 
Luxemburg  in  international  law. 

The  treaty  recognized  Luxemburg  as  a  perpetually 
neutral  State.  The  High  Contracting  Parties  specially 
put  it  upon  record  in  Article  II,  that  they  '  engage  to 
respect  the  principle  of  neutrality  ',  and  that  they  '  placed 
it  under  the  sanction  of  the  collective  Guarantee  of  the 
Powers  signing  Parties  to  the  present  Treaty,  with  the 
exception  of  Belgium  '. 

This  guarantee  differed  from  that  given  to  Belgium  in 
two  important  respects.  In  the  first  place,  it  was  a  collec- 
tive guarantee,  whereas  that  given  to  Belgium  has  always 
been  held  to  be  individual.  When  the  Luxemburg  Treaty 
was  concluded,  the  Earl  of  Derby,  then  Prime  Minister, 
explained  that  '  a  collective  guarantee  is  one  which  is 
binding  on  all  the  parties  collectively  ;  but  [of]  which,  if 
any  difference  of  opinion  should  arise,  no  one  of  them  can 
be  called  upon  to  take  upon  itself  the  task  of  vindication 
by  force  of  arms  '-1  The  guarantee  might  therefore  prove 
valueless,  if  one  of  the  signing  parties  chose  to  disregard  it. 

The  second  difference  was  that  although  Luxemburg,  like 
Belgium,  was  bound  by  treaty  to  observe  neutrality  towards 
all  other  States,  yet  she  was  not  bound  to  defend  that  neutra- 
lity by  force  of  arms.  In  effect  she  was  forbidden  actively 
to  defend  her  neutrality,  by  the  terms  of  Article  III,  which 
forbade  her  to  maintain  any  fortified  places  or  military 
forces.  The  Prussian  garrison,  of  course,  had  to  evacuate 

1  Hansard,  July  4,  1867. 


OBLIGATIONS  OF  LUXEMBURG  259 

the  city  of  Luxemburg,  and  the  fortifications  were  dis- 
mantled. 

During  the  Franco-Prussian  War,  1870-1,  the  Prussian 
Government  paid  great  attention  to  the  neutrality  of 
Luxemburg.  It  was  alleged  that  the  Luxemburg  railways 
had  been  used  for  passing  French  soldiers  from  Metz 
through  the  State,  and  for  forwarding  provisions  to  Thion- 
ville.  Bismarck  accordingly  notified  the  signatories  of  the 
Treaty  of  1867  that  the  King  of  Prussia  could  no  longer 
hold  himself  bound  to  observe  the  neutrality  of  Luxemburg. 
Papers  were  then  exchanged  between  Earl  Granville  and 
the  Prussian  Government  on  this  subject.  Eventually  the 
overwhelming  military  successes  of  Prussia  in  France 
made  any  action  of  Bismarck  with  regard  to  Luxemburg 
unnecessary  from  a  military  point  of  view.  If,  as  he  con- 
tended, France  had  violated  Luxemburg  neutrality,  Prussia 
would,  of  course,  have  been  justified  in  considering  herself 
free  to  treat  the  Grand  Duchy  as  no  longer  neutralized 
with  regard  to  the  war  then  being  waged.  In  conclu- 
sion, on  January  20,  1871,  Bismarck  notified  the  British 
Government  that  the  King  of  Prussia  had  no  intention  of 
denouncing  the  Treaty  of  1867,  and  so  the  affair  ended.1 

The  Dutch  branch  of  the  House  of  Orange-Nassau  came 
to  an  end  in  the  male  line  in  1890,  on  the  death  of  King 
William  III  of  the  Netherlands.  The  Grand  Duchy, 
unlike  the  kingdom,  was  bound  by  the  Salic  Law,  and 
accordingly  passed  to  the  branch  of  the  Dukes  of  Nassau. 
The  neutrality  of  the  Grand  Duchy  was  unbroken  till  the 
outbreak  of  the  European  War.  On  August  2,  1914,  the 
German  forces  entered  Luxemburg  ;  the  Imperial  Govern- 
ment alleged  that  French  forces  had  already  committed 
hostile  acts  within  the  Grand  Duchy. 

1  Parliamentary  Papers,  1871  ;    Mowat,  Select  Treaties,  pp.  44-8. 


&  2 


260   THE  GRAND  DUCHY  OF  LUXEMBURG 

TREATY  BETWEEN  GREAT  BRITAIN,  AUSTRIA,  BELGIUM, 
FRANCE,  ITALY,  THE  NETHERLANDS,  PRUSSIA,  AND 
RUSSIA,  RELATIVE  TO  THE  GRAND  DUCHY  OF  LUXEM- 
BURG AND  THE  DUCHY  OF  LlMBURG.  SIGNED  AT 
LONDON,  IITH  MAY,  iSGy.1 

ARTICLE  I.  His  Majesty  the  King  of  the  Netherlands, 
Grand  Duke  of  Luxemburg,  maintains  the  ties  which  attach 
the  said  Grand  Duchy  to  the  House  of  Orange-Nassau,  in 
virtue  of  the  Treaties  which  placed  that  State  under  the 
Sovereignty  of  the  King  Grand  Duke,  his  descendants  and 
successors. 

The  Rights  which  the  Agnates  of  the  House  of  Nassau 
possess  with  regard  to  the  Succession  of  the  Grand  Duchy, 
in  virtue  of  the  same  Treaties,  are  maintained. 

The  High  Contracting  Parties  accept  the  present  Declara- 
tion, and  place  it  upon  record. 

ARTICLE  II.  The  Grand  Duchy  of  Luxemburg,  within 
the  Limits  determined  by  the  Act  annexed  to  the  Treaties 
of  the  igth  April,  1839,  under  the  Guarantee  of  the  Courts 
of  Great  Britain,  Austria,  France,  Prussia,  and  Russia, 
shall  henceforth  form  a  perpetually  Neutral  State. 

It  shall  be  bound  to  observe  the  same  Neutrality  towards 
all  other  States. 

The  High  Contracting  Parties  engage  to  respect  the 
principle  of  Neutrality  stipulated  by  the  present  Article. 

That  principle  is  and  remains  placed  under  the  sanction 
of  the  collective  Guarantee  of  the  Powers  signing  Parties 
to  the  present  Treaty,  with  the  exception  of  Belgium, 
which  is  itself  a  Neutral  State. 

ARTICLE  III.  The  Grand  Duchy  of  Luxemburg  being 
Neutralized,  according  to  the  terms  of  the  preceding  Article, 
the  maintenance  or  establishment  of  Fortresses  upon  its 
Territory  becomes  without  necessity  as  well  as  without 
object. 

In  consequence,  it  is  agreed  by  common  consent  that  the 
City  of  Luxemburg,  considered  in  time  past,  in  a  military 
point  of  view,  as  a  Federal  Fortress,  shall  cease  to  be 
a  fortified  city. 

His  Majesty  the  King  Grand  Duke  reserves  to  himself 
to  maintain  in  that  city  the  number  of  troops  necessary 
to  provide  in  it  for  the  maintenance  of  good  order. 
1  State  Papers,  vol.  Ivii,  p.  32  ;   Hertslet,  vol.  iii,  No.  405. 


TREATY  OF  LONDON,  1867  261 

ARTICLE  IV.  In  conformity  with  the  stipulations  con- 
tained in  Articles  II  and  III,  His  Majesty  the  King  of 
Prussia  declares  that  his  troops  actually  in  garrison  in  the 
Fortress  of  Luxemburg  shall  receive  orders  to  proceed  to 
the  Evacuation  of  that  place  immediately  after  the  ex- 
change of  the  Ratifications  of  the  present  Treaty.  The 
withdrawal  of  the  artillery,  munitions,  and  every  object 
which  forms  part  of  the  equipment  of  the  said  Fortress 
shall  commence  simultaneously.  During  that  operation 
there  shall  remain  in  it  no  more  than  the  number  of  troops 
necessary  to  provide  for  the  safety  of  the  material  of  war, 
and  to  effect  the  dispatch  thereof,  which  shall  be  completed 
within  the  shortest  time  possible. 

ARTICLE  V.  His  Majesty  the  King  Grand  Duke,  in  virtue 
of  the  rights  of  Sovereignty  which  he  exercises  over  the 
City  and  Fortress  of  Luxemburg,  engages,  on  his  part,  to 
take  the  necessary  measures  for  converting  the  said  Fortress 
into  an  open  city  by  means  of  a  demolition  which  His 
Majesty  shall  deem  sufficient  to  fulfil  the  intentions  of  the 
High  Contracting  Parties  expressed  in  Article  III  of  the 
present  Treaty.  The  works  requisite  for  that  purpose 
shall  be  commenced  immediately  after  the  withdrawal  of 
the  garrison.  They  shall  be  carried  out  with  all  the  atten- 
tion required  for  the  interests  of  the  inhabitants  of  the  city. 

His  Majesty  the  King  Grand  Duke  promises,  moreover, 
that  the  Fortifications  of  the  city  of  Luxemburg  shall  not 
be  restored  in  future,  and  that  no  Military  Establishment 
shall  be  there  maintained  or  created. 

ARTICLE  VI.  The  Powers  signing  Parties  to  the  present 
Treaty  recognize  that  the  Dissolution  of  the  Germanic 
Confederation  having  equally  produced  the  Dissolution  of 
the  ties  which  united  the  Duchy  of  Limburg,  collectively 
with  the  Grand  Duchy  of  Luxemburg,  to  the  said  Confedera- 
tion, it  results  therefrom  that  the  relations,  of  which 
mention  is  made  in  Articles  III,  IV,  and  V  of  the  Treaty 
of  the  igth  April,  1839,  between  the  Grand  Duchy  and 
certain  Territories  belonging  to  the  Duchy  of  Limburg, 
have  ceased  to  exist,  the  said  Territories  continuing  to 
form  an  integral  part  of  the  Kingdom  of  the  Netherlands. 

ARTICLE  VII.  The  present  Treaty  shall  be  ratified,  and 
the  Ratifications  shall  be  exchanged  at  London  within  the 
space  of  4  weeks,  or  sooner  if  possible. 

In  witness  whereof  the  respective  Plenipotentiaries  have 


262   THE  GRAND  DUCHY  OF  LUXEMBURG 


signed  the  same,  and  have  affixed  thereto  the  Seals  of  their 
Arms. 

Done  at  London,  the  nth  day  of  May,  in  the  year  of 
Our  Lord,  1867. 


(L.S.) 

(L.S.) 

(L.S.) 

(L.S.) 

(L.S. 

(L.S. 

(L.S. 

(L.S. 

(L.S. 

(L.S.) 


STANLEY. 

APPONYI. 

VAN  DE  WEYER. 

LA  TOUR  D'AUVERGNE. 

D'AZEGLIO. 

BENTINCK. 

TORNACO. 

E.  SERVAIS. 

BERNSTORFF. 

BRUNNOW. 


CHAPTER  X 
THE  FRANCO-GERMAN  WAR 

France  and  Prussia,  1866  —  Bismarck  on  the  prospect  of  War  — 
Grand  Duchy  of  Luxemburg  —  The  Hohenzollern  candidature 
for  Spanish  Throne  —  Due  de  Gramont's  views  —  Attitude  of 
the  King  of  Prussia  —  Withdrawal  of  Hohenzollern  candidature  — 
Demand  of  French  Government  —  Refusal  of  Bismarck  —  Ems 
Telegram  —  Protocol  of  Paris  (1856)  —  Neutrality  of  Belgium  — 
War,  1870-1  —  Proclamation  of  German  Empire  —  Preliminaries 
of  Versailles  —  Treaty  of  Frankfort  —  Constitution  of  the  German 
Empire  —  Outcome  of  Franco-German  War. 

Texts:  The  Preliminaries  of  Versailles  (1871)  —  The  Treaty  of 
Frankfort  (1871)  —  The  Constitution  of  the  German  Empire. 

IT  has  already  been  related,  in  a  previous  chapter,  that 
after  the  conclusion  of  the  Austro-Prussian  Convention  at 
Gastein  in  1865,  Count  Bismarck,  in  view  of  the  practical 
certainty  of  war  with  Austria  in  the  near  future,  approached 
the  Emperor  of  the  French  for  the  purpose  of  obtaining  his' 
concurrence  in  a  projected  alliance  between  Prussia  and 
Italy,  to  become  operative  on  the  outbreak  of  such  a  war. 
Bismarck  and  the  Emperor  Napoleon  III  met  at  Biarritz 
in  September  1865.  Their  negotiations,  or  conversations, 
took  place  without  witnesses,  and  the  precise  form  which 
they  assumed  is  not  known.  That  Napoleon  favoured  the 
acquisition  of  Venetia  by  Italy  is  undeniable,  but  that  he 
fell  in  with  Bismarck's  proposals  without  a  promise  of 
compensation,  real  or  implied,  may  well  be  doubted. 
Whatever  impression  Bismarck  may  have  left  upon  his 
mind,  the  fact  remains  that  on  the  conclusion  of  peace 
between  Austria  and  Prussia  in  1866,  no  benefits  accrued 
to  France  if  we  except  the  prestige  conferred  upon  the 
Emperor  by  his  assumption  of  the  r61e  of  mediator  in 
arranging  the  terms  of  that  peace.  It  is  not  surprising  that 


264  THE  FRANCO-GERMAN  WAR 

an  ever-increasing  jealousy  of  the  growing  power  of  Prussia 
supervened. 

Bismarck,  in  his  Reminiscences,  says,  '  It  was  already 
quite  clear  to  me  that  we  should  have  to  defend  theconquests 
of  the  campaign  in  future  wars,  just  as  Frederick  the  Great 
had  to  defend  the  results  of  his  two  first  Silesian  Wars  in 
the  fiercer  fire  of  the  Seven  Years'  War.  That  a  war  with 
France  would  succeed  that  with  Austria  lay  in  the  logic  of 
history  '. l 

Prussia  proceeded  with  her  task  of  the  unification  of 
Germany  by  the  formation  of  the  North  German  Confedera- 
tion, by  treaties  of  alliance  with  the  Southern  German 
States,  and  by  the  placing  of  all  military  power  in  the 
hands  of  the  Prussian  monarch  (see  p.  250).  It  was  the 
general  opinion  that  a  war  with  France  was  only  a  question 
of  time.  In  1867  the  question  of  Luxemburg  for  a  while 
threatened  the  peace  of  Europe,  when  France  and  Prussia 
held  divergent  views  about  the  future  of  the  Grand  Duchy, 
but  the  danger  of  war  was  averted  by  means  of  a  Con- 
ference of  the  Powers  at  London,  where  a  treaty  was  signed 
in  which  the  neutrality  of  Luxemburg  was  guaranteed.2 

In  the  winter  of  1868-9  Count  von  Moltke  elaborated 
a  complete  scheme  of  action  for  the  contingency  of  an 
invasion  of  France.  Peace  was,  however,  maintained 
until  the  year  1870,  when  General  Prim,  the  head  of  the 
provisional  Government  in  Spain,  suddenly  and  without 
notice  to  other  foreign  States  (England  and  France,  at 
any  rate,  were  not  previously  informed),  offered  the  then 
vacant  throne  of  Spain  to  Prince  Leopold  of  Hohenzollern- 
Sigmaringen,  who  accepted  it. 

The  news  of  this  event  reached  Paris  and  London  on 
July  5,  1870.  The  Due  de  Gramont  immediately  informed 
the  Prussian  ambassador  at  Paris,  in  plain  language,  that 
France  could  not  tolerate  the  establishment  of  any  Prussian 

1  Bismarck,  Reflections  and  Reminiscences  (trans.  Butler),  chap.  xx. 

2  State  Papers,  vol.  Ivii,  p.  32  ;  see  above,  pp.  257  ft. 


Esn 
in 


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v  ur*w  w  ^Iss^i-^ilSar  ^^^^t^-^  t\l  3 


266  THE  FRANCO-GERMAN  WAR 

Prince  upon  the  Spanish  throne  ;   and  a  statement  to  the 
same  effect  was  made  by  the  Duke  in  the  Corps  Legislatif. 

I  rise  to  reply  to  the  interpellation  addressed  to  me 
yesterday  by  M.  Cochery.  It  is  true  that  Marshal  Prim 
has  offered  the  crown  of  Spain  to  Prince  Leopold  of  Hohen- 
zollern  and  that  the  latter  has  accepted  it.  But  the  Spanish 
people  have  not  as  yet  pronounced  their  views  upon  the 
matter,  nor  are  we  at  present  aware  of  the  true  details 
of  a  negotiation  of  which  we  have  been  kept  in  ignorance. 
An  immediate  discussion  could  not  therefore  lead  to  any 
practical  result.  We  beg  you,  Gentlemen,  to  postpone  it. 
We  have  never  ceased  to  demonstrate  our  sympathy  with 
the  Spanish  nation,  and  to  avoid  everything  in  the  nature 
of  an  interference  in  the  internal  affairs  of  a  great  and  noble 
nation  in  full  exercise  of  its  sovereignty  ;  we  have  not 
deviated  from  a  course  of  the  strictest  neutrality  with  regard 
to  the  various  aspirants  to  the  throne  and  we  have  never 
shown  for  any  of  them  either  preference  or  aversion.  We 
shall  persevere  in  this  line  of  conduct.  But  we  do  not 
believe  that  our  respect  for  the  rights  of  a  neighbouring 
people  obliges-  us  to  permit  a  Foreign  Power,  by  placing 
one  of  her  Princes  upon  the  throne  of  Charles  V,  to  disturb 
to  our  detriment  the  existing  equilibrium  of  the  forces 
of  Europe,  and  to  endanger  the  interests  and  the  honour  of 
France.  We  have  a  firm  hope  that  this  eventuality  will 
not  be  realised.  To  prevent  it  we  rely  equally  upon  the 
wisdom  of  the  German  people  and  upon  the  friendship  of 
those  of  Spain.  If  it  were  otherwise,  strong  in  your  support, 
Gentlemen,  and  in  that  of  the  Nation,  we  should  know  ho  .v 
to  fulfil  our  duty  without  hesitation  and  without  weakness.1 

On  July  6  the  French  ambassador  in  London  appealed 
to  the  British  Government  to  exercise  all  their  influence 
upon  Prussia  and  upon  Spain  in  order  to  put  a  stop  to  the 
projected  installation  of  the  Prince  on  the  Spanish  throne. 
Lord  Granville  accordingly  addressed  strong  but  friendly 
representations  both  to  Prussia  and  to  Spain,  urging  them 
for  the  sake  of  the  general  welfare  to  consider  the  possible 
consequences  of  an  adherence  to  the  proposed  arrangement. 
Lord  Lyons  reported  from  Paris  on  the  indignation  of  the 
1  State  Papers,  vol.  Ix,  pp.  788-9. 


DUG  DE  GRAMONT'S  VIEWS  267 

French  people  at  what  they  could  only  regard  as  an  insult 
and  a  challenge  from  Prussia,  adding,  however,  that  he 
did  not  believe  that  either  the  Emperor  or  his  Ministers 
either  wished  for  war  or  expected  it.  The  Due  de  Gramont, 
in  discussing  the  question  with  the  ambassador,  urged  that 
it  was  not  only  the  pride  of  France  which  was  concerned, 
but  also  that  her  military  power  was  at  stake.  '  What ', 
he  observed,  '  had  been  the  result  of  placing  the  brother 
of  Prince  Leopold  at  the  head  of  the  Government  of 
Roumania  ?  He  had  immediately  begun  to  collect  arms, 
to  form  an  army,  and  obeying  in  all  points  the  instructions 
he  received  from  Berlin,  to  prepare  a  Prussian  arsenal  to 
be  used  in  case  of  war  between  Prussia  and  Austria.  What 
had  been  done  there  on  a  small  scale  would  be  done  on 
a  great  scale  in  Spain.  The  Prince  of  Hohenzollern  would 
make  himself  a  military  sovereign  and  would  get  ready 
the  means  of  paralysing  200,000  French  troops  if  France 
should  be  engaged  in  war  in  Europe.  It  would  be  madness 
to  wait  until  this  was  accomplished.'  He  trusted  much  to 
the  aid  of  the  British  Government  in  avoiding  war.1 

The  German  ambassador  informed  Lord  Granville  that 
the  King  of  Prussia  was  a  stranger  to  the  negotiations  with 
Prince  Leopold,  but  that  he  would  not  forbid  the  Prince  to 
accept  the  crown  of  Spain.  On  the  other  hand,  the  Due 
de  Gramont  stated  that  he  had  reason  to  know,  and  indeed 
the  Spanish  Minister  did  not  deny  it,  that  the  King  of 
Prussia  had  been  cognizant  of  the  negotiations  between 
Prim  and  the  Prince  of  Hohenzollern  throughout.2 

The  King  of  Prussia  himself  admitted  that  he  had  given 
his  consent  to  the  Hohenzollern  candidature,  and  stated 
that  having  given  it,  it  would  be  difficult  to  withdraw  it. 

The  candidature  of  Prince  Leopold  was,  in  view  of  the 
threatening  attitude  of  affairs,  withdrawn  by  his  father 
in  his  name,  and  it  was  at  first  hoped  that  by  this  action 
the  difficulties  which  had  arisen  would  be  removed.  It 

1  Slate  Papers,  vol.  Ix,  pp.  784-94.  *  Ibid.,  pp.  796,  799. 


268  THE  FRANCO-GERMAN  WAR 

was  argued,  however,  by  France  that  this  was  not  sufficient, 
and  that  some  guarantee  should  be  given  by  Prussia  that 
Prince  Leopold's  candidature  would  not  be  revived.  Lord 
Granville,  thereupon,  whilst  regretting  that  France  was 
unable  to  accept  the  mere  withdrawal  as  a  sufficient  con- 
cession, submitted  a  memorandum  for  communication  to 
the  King  of  Prussia  recommending  that  as  the  King  had 
consented  to  the  acceptance  by  Prince  Leopold  of  the 
throne  of  Spain,  and  had  thereby  in  a  certain  sense  become 
a  party  to  the  arrangement,  His  Majesty  might  with 
perfect  dignity  communicate  to  the  French  Government 
his  consent  to  the  withdrawal  of  that  acceptance,  in  the 
event  of  France  waiving  her  demand  for  an  engagement 
covering  the  future.  Count  Bismarck  replied  by  telegraph 
(on  the  i4th  or  i5th  July)  that  he  regretted  that  Her 
Majesty's  Government  should  have  made  a  proposal 
which  it  would  be  impossible  for  him  to  recommend  to  the 
King  for  his  acceptance,  and  he  went  on  to  allude  to  the 
question  of  the  succession,  as  he  had  previously  done,  as 
a  private  matter  in  which  Prussia  was  not  concerned.1 

A  letter  of  July  10,  1870,  from  King  William  of  Prussia  to 
King  Charles  of  Roumania  shows  that  the  Prussian  Govern- 
ment knew  and  approved  of  the  Hohenzollern  candidature 
for  the  Spanish  throne,2  and  there  is  no  doubt  that  Bismarck 
made  use  of  it  for  the  furtherance  of  his  political  aims. 
The  history  of  the  '  Ems  telegram '  is  instructive  on  this 
point,  as  told  by  Bismarck  and  Busch. 

It  appears  that  von  Roon,  the  Prussian  War  Minister, 
and  Moltke  were  dining  with  Bismarck  on  July  13  (1870). 
In  the  course  of  the  repast  intelligence  arrived  from  the 
Prussian  Embassy  at  Paris  to  the  effect  that  the  Prince  of 
Hohenzollern  had  renounced  the  Spanish  throne  in  order 
to  prevent  the  war  with  which  France  threatened  Prussia. 
Bismarck  says,  '  My  first  idea  was  to  retire  from  the 

1  State  Papers,  vol.  Ix,  p.  826. 

*  See  Aus  dem  Leben  Konig  Karls  von  Rumanien.  (Stuttgart, 
1894.)  Band  II,  101.  Letter  dated  28  June/io  July  1870. 


EMS  TELEGRAM  269 

service  because  after  all  the  national  challenges  which 
had  gone  before  I  perceived  in  this  extorted  submission  a 
humiliation  to  Germany,  for  which  I  did  not  desire  to  be 
responsible '.  (A  threat  to  retire  had  more  than  once  been 
resorted  to  by  that  statesman  as  an  expedient  for  the 
attainment  of  his  ends.)  Following  on  this  intelligence 
came  a  long  telegram  of  about  200  words  from  King 
William,  who  was  then  at  Ems,  detailing  his  communica- 
tions with  the  French  ambassador  Benedetti  as  forming 
part  of  a  negotiation  still  pending  on  the  Hohenzollern 
question.  Moltke  was  in  despair.  '  It  looked ',  says 
Bismarck,  '  as  if  Our  Most  Gracious  might  knuckle  under 
after  all.  .  .  .  Seating  myself  at  a  small  table  I  boiled  down 
those  200  words  to  about  twenty,  but  without  otherwise 
altering  or  adding  anything.'  The  reduced  telegram  stated, 
in  terms  so  brief  as  to  convey  the  impression  of  an  actual 
insult,  that  the  King  had  refused  to  see  Benedetti,  and  had 
informed  him  by  an  aide-de-camp  that  he  had  nothing 
more  to  communicate  to  him.  Moltke  said,  '  Now  it  has 
a  different  ring.  It  sounded  before  like  a  parley,  now  it 
sounds  like  a  flourish  in  answer  to  a  challenge.'  The 
reduced  telegram  was  officially  published  at  Berlin  and  sent 
to  the  different  Embassies  in  Europe.  It  so  excited  the 
French  Government  and  people  that  war  resulted  in  the 
course  of  a  couple  of  days. 

'  Thus  ',  says  a  commentator, '  the  war  was  the  deliberate 
work  of  a  small  group  of  conspirators  holding  the  highest 
positions  in  the  Prussian  Empire,  whose  action  on  this 
occasion  rendered  it  inevitable.' l 

1  Nineteenth  Century,  August  1916.  The  original  telegram  was 
actually  from  Herr  Abeken  and  was  as  follows  :  '  His  Majesty  writes 
to  me  :  "  Count  Benedetti  spoke  to  me  on  the  promenade,  in  order 
to  demand  from  me,  finally  in  a  very  importunate  manner,  that 
I  should  authorise  him  to  telegraph  at  once  that  I  bound  myself 
for  all  future  time  never  again  to  give  my  consent  if  the  Hohen- 
zollerns  should  renew  their  candidature.  I  refused  at  last  somewhat 
sternly,  as  it  is  neither  right  nor  possible  to  undertake  engagements 
of  this  kind  d,  tout  jamais.  Naturally  I  told  him  that  I  had  as  yet 
received  no  news,  and  as  he  was  earlier  informed  about  Paris  and 
Madrid  than  myself,  he  could  clearly  see  that  my  government 


270  THE  FRANCO-GERMAN  WAR 

It  may,  at  any  rate,  be  maintained  that  the  responsibility 
for  the  war  did  not  rest  entirely  on  France. 

The  efforts  of  the  British  Government  to  preserve  peace 
were  continued  until  the  last  moment,  an  appeal  being 
made  to  the  23rd  Protocol  of  the  Paris  Congress  (1856) 
relative  to  recourse  being  had  to  the  good  offices  of  a 
friendly  Power  before  proceeding  to  extremities,  but  no 
success  resulted. 

On  the  eve  of  the  declaration  of  war  the  French  Govern- 
ment spontaneously  declared  their  determination  to  respect 
the  neutrality  of  Belgium.1  The  Prussian  Government  also 
intimated  to  the  Netherlands  Minister  at  Berlin  that  '  as 
regards  Belgium  and  Luxemburg,  the  neutrality  of  both 
countries  was  guaranteed  by  Treaty,  and  it  would  be 
scrupulously  respected  by  Prussia  '.z 

Nevertheless,  the  British  Government  deemed  it  desirable 
to  emphasize  the  fact  of  the  neutrality  of  Belgium  by 
means  of  a  separate  treaty  with  each  of  the  belligerents, 
indicating  the  course  which  Great  Britain  was  prepared  to 

once  more  had  no  hand  in  the  matter."  His  Majesty  has  since 
received  a  letter  from  the  Prince.  His  Majesty  having  told  Count 
Benedetti  that  he  was  awaiting  news  from  the  Prince,  has  decided, 
with  reference  to  the  above  demand,  upon  the  representation  of 
Count  Eulenburg  and  myself,  not  to  receive  Count  Benedetti  again, 
but  only  to  let  him  be  informed  through  an  aide-de-camp  :  That 
his  Majesty  had  now  received  from  the  Prince  confirmation  of  the 
news  which  Benedetti  had  already  received  from  Paris,  and  had 
nothing  further  to  say  to  the  ambassador.  His  Majesty  leaves  it 
to  your  Excellency  whether  Benedetti's  fresh  demand  and  its 
rejection  should  not  be  at  once  communicated  both  to  our  ambassa- 
dors and  to  the  press.'  The  telegram,  as  reduced  and  given  to  the 
Press  by  Bismarck,  ran  as  follows  :  '  After  the  news  of  the  renuncia- 
tion of  the  hereditary  Prince  of  Hohenzollein  had  been  officially 
communicated  to  the  imperial  government  of  France  by  the  royal 
government  of  Spain,  the  French  ambassador  at  Ems  further  de- 
manded of  his  Majesty  the  King  that  he  would  authorise  him  to 
telegraph  to  Paris  that  his  Majesty  the  King  bound  himself  for  all 
future  time  never  again  to  give  his  consent  if  the  Hohenzollerns 
should  renew  their  candidature.  His  Majesty  the  King  thereupon 
decided  not  to  receive  the  French  ambassador  again,  and  sent  to 
tell  him  through  the  aide-de-camp  on  duty  that  his  Majesty  had 
nothing  further  to  communicate  to  the  ambassador.' — Bismarck, 
Reflections  and  Reminiscences,  chap  xxii. 

»  State  Papers,  vol.  Ix,  p.  870.  a  Ibid.,  vol.  Ix,  p.  860. 


WAR  DECLARED  271 

follow  in  the  event  of  the  disregard  of  that  neutrality  by 
either  of  them.  Their  proposal  to  this  effect  having  been 
accepted  by  France  and  Prussia,  a  treaty  with  each  was 
duly  signed,  •  that  with  Prussia  bearing  date  August  9, 
and  that  with  France  August  n,  iSyo.1  It  was  declared 
that  these  treaties  should  remain  in  force  until  one  year 
after  the  ratification  of  a  Treaty  of  Peace  between  the 
belligerents,  and  on  the  expiration  of  that  time  the  inde- 
pendence and  neutrality  of  Belgium  would,  so  far  as  the  con- 
tracting parties  were  concerned,  continue  to  rest,  as  in  the 
past,  on  Article  I  of  the  Quintuple  Treaty  of  April  19,  i83g.2 

War  was  declared  by  France  on  July  19,  iSyo.3 

On  September  2  the  Emperor  of  the  French  surrendered, 
with  his  army,  to  the  King  of  Prussia  at  Sedan  ;  a  Govern- 
ment of  National  Defence  was  set  up  at  Paris  ;  Paris  was 
invested  and  bombarded  by  the  Germans.  It  capitulated 
in  January  1871.  On  the  28th  of  the  same  month  a  conven- 
tion of  armistice  was  concluded  at  Versailles.4 

A  Preliminary  Treaty  of  Peace  between  France  and 
Germany  was  signed  at  Versailles  on  February  26,  1871. 5 

The  King  of  Prussia  had  previously  (on  January  18) 
been  proclaimed  German  Emperor  by  the  sovereigns  of 
Germany  and  the  chiefs  of  the  army  assembled  in  the  Hall 
of  Mirrors  at  Versailles. 

By  Article  I  of  the  Preliminaries  the  new  boundaries 
between  France  and  Germany,  consequent  on  the  cession 
of  Alsace  and  Lorraine  by  France,  were  laid  down.  It  was 
agreed  that  these  boundaries  should  be  traced  on  the  spot 
by  an  international  commission. 

Article  II  stated  the  indemnity  to  be  paid  by  France 
and  the  mode  of  payment.  (See  also  Article  III.) 

1  State  Papers,  vol.  Ix,  pp.  10,  13.  »  Ibid.,  vol.  xxvii,  p.  1000. 
Ibid.,  vol.  Ix,  p.  907.  «  Ibid.,  vol.  Ixii,  p.  49. 

4  Ibid.,  vol.  Ixii,  p.  59.  The  Documents  relating  to  the  causes  of 
the  War  of  1870-1  have  been  issued  in  ten  volumes  by  the  French 
Government — Les  On'gines  diplomatique^  de  la  Guerre  de  1870-1871 
(Paris,  1910-14). 


272  THE  FRANCO-GERMAN  WAR 

The  remaining  Articles  dealt  with  the  evacuation  of 
French  territory,  inhabitants  of  ceded  territories,  prisoners 
of  war,  negotiations  for  definitive  treaty,  administration 
of  occupied  territories,  taxes,  &c. 

Bavaria,  Wurtemberg,  and  Baden  acceded  to  this  Treaty 
on  the  day  of  its  signature.1 

The  Definitive  Treaty  of  Peace  was  signed  at  Frankfort 
on  May  10,  1871. 2 

It  contains  in  Article  I  a  modification  of  the  boundary 
laid  down  in  the  Preliminary  Treaty,  and  goes  on  to 
provide  for  the  choice  of  nationality  by  natives  of  ceded 
territory,  and  their  retention  of  immovable  property  ;  an 
amnesty  in  respect  of  action  previous  to  the  war ;  sur- 
render of  archives  ;  reimbursement  of  certain  moneys  and 
premiums  ;  navigation  of  the  Moselle  and  canals  ;  diocesan 
limits  ;  payment  of  war  indemnity  ;  conditions  of  evacua- 
tion on  payment  of  instalments  ;  contributions  and  taxes 
during  occupation  ;  maintenance  of  troops  ;  importations 
from  ceded  territories  into  France ;  prisoners  of  war  and 
disposition  of  French  troops  ;  most  favoured  nation  treat- 
ment, with  the  exception  of  certain  States  ;  renewal  of 
navigation,  railway,  and  copyright  treaties ;  French 
shipping  dues  ;  property  of  expelled  Germans  ;  naturaliza- 
tion ;  restoration  of  maritime  prizes  ;  canalization  of  the 
Moselle  ;  treatment  of  nationals  in  circumstances  arising 
from  the  war ;  preservation  of  soldiers'  graves ;  additional 
stipulations  reserved  for  further  negotiations.  The  last 
Article  (XVIII)  provides  for  the  exchange  of  ratifications. 

Three  additional  Articles  were  signed  on  the  same  day, 
relating  to  purchase  of  railways  and  railway  rights,  and 
rectification  of  the  frontier  near  Belfort. 

Bavaria,  Wurtemberg,  and  Baden  acceded  to  this 
treaty  on  May  15,  1871. 

Two  additional  conventions,  dated  respectively  October  1 2 
and  December  n,  relating  to  customs,  renewal  of  treaties, 

1  State  Papers,  vol.  Ixii,  p.  63.  2  Ibid.,  vol.  Ixii,  p.  77. 


CONSTITUTION  OF  GERMAN  EMPIRE       273 

&c.,  were  also  signed,  the  first  at  Berlin,  the  second  at 
Frankfort.1 

A  Constitution  for  the  newly- established  German  Empire 
was  promulgated  at  Berlin  on  April  16,  1871. 2  The  terri- 
tory of  the  Empire  (or  Confederation)  is  therein  declared 
to  comprise '  the  States  of  Prussia  with  Lauenburg,  Bavaria, 
Saxony,  Wurtemberg,  Baden,  Hesse,  Mecklenburg-Schwe- 
rin,  Saxe- Weimar,  Mecklenburg-Strelitz,  Oldenburg,  Bruns- 
wick, Saxe-Meiningen,  Saxe-Altenburg,  Saxe-Coburg-Gotha, 
Anhalt,  Schwarzburg-Rudolstadt,  Schwarzburg-Sonders- 
hausen,  Waldeck,  Reuss  Elder  Line,  Reuss  Younger  Line, 
Schaumburg-Lippe,  Lippe,  Lubeck,  Bremen,  and  Hamburg ;. 

The  Confederation,  which  was  to  bear  the  name  of 
'  German  Empire ',  was  established,  according  to  the 
preamble,  for  the  protection  of  the  territory  of  the  Con- 
federation and  the  rights  thereof,  as  well  as  to  care  for 
the  welfare  of  the  German  people. 

One  common  nationality  was  declared  to  exist  for  entire 
Germany,  so  that  every  person  belonging  to  any  one  of  the 
Confederated  States  should  be  treated  in  every  other  of 
those  States  as  a  born  native,  with  equal  rights.  Imperial 
laws  were  given  precedence  over  laws  of  the  States.  A 
Council  of  the  Confederation  was  formed  in  which  Prussia 
had  17  votes  (as  in  the  previous  Constitution  of  1867), 
Bavaria  6  votes,  Saxony  and  Wurtemberg  4  votes  each, 
Baden  and  Hesse  3  votes  each,  Mecklenburg-Schwerin  and 
Oldenburg  2  votes  each,  and  the  remaining  States  I  vote 
each,  making  a  total  of  58  votes.  The  presidency  of  the 
Confederation  was  vested  in  the  King  of  Prussia,  '  who 
bears  the  name  of  German  Emperor ',  whose  attribute  it 
was  to  represent  the  Empire  internationally,  to  declare 
war  and  to  conclude  peace,  to  enter  into  alliances  and 
other  treaties  with  foreign  Powers,  and  to  accredit  and  to 
receive  ambassadors.  The  consent  of  the  Council  was 
declared  necessary  for  the  declaration  of  war,  unless  an 

1  State  Papers,  vol.  Ixii,  pp.  88,  92.  •  Ibid.,  vol.  Ixi,  p.  58. 

1903  T 


274  THE  FRANCO-GERMAN  WAR 

attack  on  the  territory  of  the  Confederation  should  have 
taken  place.  One  customs  and  commercial  territory  for 
the  whole  of  Germany  was  decreed.  The  Constitution 
further  dealt  with  the  construction  and  management  of 
imperial  railways ;  with  postal  and  telegraph  affairs ; 
with  the  navy  (under  the  command  of  the  Emperor),  and 
the  obligation  of  the  maritime  population  to  serve  in  it, 
while  exempt  from  service  in  the  land  forces  ;  with  the 
merchant  navy  ;  with  the  appointment  of  consuls  ;  with 
universal  military  service,  the  strength  of  the  army  in 
peace,  the  entire  force  to  form  a  single  army  under  the 
command  of  the  Emperor,  &c.  ;  with  the  erection  of 
fortresses ;  with  the  imperial  finances,  &c.  The  last 
Article  of  the  Constitution  (Article  LXXVIII)  declares 
that  alterations  in  the  Constitution  shall  be  considered  as 
rejected  if  they  have  fourteen  votes  in  the  Council  against 
them. 

The  outcome  of  the  Franco-German  War  thus  embraced 
a  further  unification  of  all  Germany  (Austria  excepted),  as 
well  as  an  accession  of  territory  in  the  cession  of  Alsace  and 
Lorraine  by  France,  and  the  payment  by  France  of  a  huge 
war  indemnity  of  5  milliards  of  francs. 

PRELIMINARY  TREATY  OF  PEACE  BETWEEN  FRANCE  AND 
GERMANY.  SIGNED  AT  VERSAILLES,  26TH  FEBRUARY, 
iSyi.1 

ARTICLE  I.  France  renounces  in  favour  of  the  German 
Empire  all  her  Rights  and  Titles  over  the  Territories 
situated  on  the  East  of  the  Frontier  hereafter  described. 

The  Line  of  Demarcation  begins  at  the  North-west 
Frontier  of  the  Canton  of  Cattenom,  towards  the  Grand 
Duchy  of  Luxemburg,  follows  on  the  South  the  Western 
Frontiers  of  the  Cantons  of  Cattenom  and  Thionville, 
passes  by  the  Canton  of  Briey,  along  the  Western  Frontiers 
of  the  Communes  of  Montjois-la-Montagne  and  Roncourt, 

1  French  version  in  State  Papers,  vol.  Ixii,  p.  59;  Hertslct, 
vol.  iii,  No.  438. 


PRELIMINARY  TREATY  OF  1871  275 

as  well  as  the  Eastern  Frontiers  of  the  Communes  of  Marie- 
aux-Chenes,  St.  Ail,  Habonville,  reaches  the  Frontier  of 
the  Canton  de  Gooze,  which  it  crosses  along  the  Communal 
Frontiers  of  Vionville,  Bouxieres,  and  Onville,  follows  the 
South-west  Frontier,  south  of  the  District  of  Metz,  the 
Western  Frontier  of  the  District  of  Chateau-Salins,  as  far 
as  the  Commune  of  Pettoncourt,  taking  in  the  Western 
and  Southern  Frontiers  thereof  to  follow  the  Crest  of  the 
Mountains  between  Seille  and  Moncel,  as  far  as  the  Frontier 
of  the  District  of  Sarreburg,  to  the  South  of  Garde.  The 
demarcation  afterwards  coincides  with  the  Frontier  of 
that  District  as  far  as  the  Commune  of  Tanconville,  reach- 
ing the  Frontier  to  the  North  thereof,  from  thence  it  follows 
the  Crest  of  the  Mountains  between  the  Sources  of  the 
White  Sarre  and  Vezouze,  as  far  as  the  Frontier  of  the 
Canton  of  Schirmeck,  skirts  the  Western  Frontier  of  that 
Canton,  includes  the  Communes  of  Saales,  Bourg-Bruche, 
Colroy-la-Roche,  Plaine,  Ranrupt,  Saulxures,  and  St. 
Blaise-la-Roche  of  the  Canton  of  Saales,  and  coincides 
with  the  Western  Frontier  of  the  Departments  of  the 
Lower  Rhine  and  the  Upper  Rhine  as  far  as  the  Canton 
of  Belfort,  the  Southern  Frontier  of  which  it  leaves  not 
far  from  Vourvenans,  to  cross  the  Canton  of  Delle  at  the 
Southern  Limits  of  the  Communes  of  Bourogne  and  Froide 
Fontaine,  and  to  reach  the  Swiss  Frontier  skirting  the 
Eastern  Frontiers  of  the  Communes  of  Jonchery  and  Delle. 

The  German  Empire  shall  possess  these  Territories  in 
perpetuity  in  all  Sovereignty  and  Property.  An  Inter- 
national Commission,  composed  of  an  equal  number  of 
Representatives  of  the  two  High  Contracting  Parties,  shall 
be  appointed  immediately  after  the  exchange  of  the 
Ratifications  of  the  present  Treaty,  to  trace  on  the  spot 
the  new  Frontier,  in  conformity  with  the  preceding  stipula- 
tions. 

This  Commission  shall  preside  over  the  Division  of  the 
Lands  and  Funds,  which  have  hitherto  belonged  to  Districts 
or  Communes  divided  by  the  new  Frontiers  ;  in  case  of 
disagreement  in  the  tracing  and  the  measures  of  execution, 
the  Members  of  the  Commission  shall  refer  to  their  respec- 
tive Governments. 

The  Frontier,  such  as  it  has  just  been  described,  is  marked 
in  green  on  two  identic  copies  of  the  Map  of  the  Territory 
forming  the  Government  of  Alsace,  published  at  Berlin  in 

T  2 


276  THE  FRANCO-GERMAN  WAR 

September  1870,  by  the  Geographical  and  Statistical 
Division  of  the  Staff,  and  a  copy  of  which  shall  be  annexed 
to  both  copies  of  the  present  Treaty. 

Nevertheless,  the  alteration  of  the  above  tracing  has 
been  agreed  to  by  the  two  Contracting  Parties.  In  the 
former  Department  of  the  Moselle,  the  Villages  of  Marie- 
aux-Ch6nes  near  St.  Privat-la-Montagne,  and  Vionville  to 
the  west  of  Rezonville,  shall  be  ceded  to  Germany.  In 
exchange  thereof,  France  shall  retain  the  Town  and  Fortifi- 
cations of  Belfort,  with  a  Radius  which  shall  be  hereafter 
determined  upon. 

ARTICLE  II.  France  shall  pay  to  His  Majesty  the 
Emperor  of  Germany  the  sum  of  5,000,000,000  Francs 
(5  milliards). 

The  Payment  of  at  least  1,000,000,000  (one  milliard) 
Francs  shall  be  effected  within  the  year  1871,  and  the  whole 
of  the  remainder  of  the  Debt  in  the  space  of  3  years,  dating 
from  the  Ratification  of  the  present  Treaty. 

ARTICLE  III.  The  Evacuation  of  the  French  Territory 
occupied  by  German  Troops  shall  begin  after  the  Ratifica- 
tion of  the  present  Treaty  by  the  National  Assembly  sitting 
at  Bordeaux.  Immediately  after  that  Ratification,  the 
German  Troops  shall  quit  the  interior  of  Paris,  as  well  as  the 
Forts  on  the  Left  Bank  of  the  Seine,  and  within  the  shortest 
possible  delay  agreed  upon  between  the  military  authorities 
of  the  two  Countries,  they  shall  entirely  evacuate  the 
Departments  of  Calvados,  Orne,  Sarthe,  Eure-et-Loire, 
Loiret,  Loire-et-Cher,  Indre-et-Loire,  Yonne,  and  also  the 
Departments  of  the  Seine  Inf6rieure,  Eure,  Seine-et-Oise, 
Seine-et-Marne,  Aube,  and  C6te  d'Or,  as  far  as  the  Left 
Bank  of  the  Seine.  The  French  troops  shall  fall  back  at 
the  same  time  behind  the  Loire,  which  they  shall  not  be 
allowed  to  pass  before  the  signature  of  the  Definitive 
Treaty  of  Peace.  The  Garrison  of  Paris  is  excepted  from 
this  disposition,  the  number  of  which  shall  not  exceed 
40,000  men,  and  the  Garrisons  indispensably  necessary  for 
the  safety  of  the  strongholds. 

The  Evacuation  of  the  Departments  between  the  Right 
Bank  of  the  Seine  and  the  Eastern  Frontier  by  German 
Troops  shall  take  place  gradually  after  the  Ratification 
of  the  Definitive  Treaty  of  Peace  and  the  payment  of  the 
first  500,000,000  (half  milliard)  of  the  contribution  stipu- 
lated by  Article  II,  beginning  with  the  Departments  nearest 


PRELIMINARY  TREATY  OF  1871  277 

to  Paris,  and  shall  continue  gradually,  according  to  the 
proportion  of  the  Payments  made  on  account  of  the  Con- 
tribution ;  after  the  first  Payment  of  a  500,000,000  (half 
milliard)  that  Evacuation  shall  take  place  in  the  following 
Departments  :  Somme,  Oise,  and  the  parts  of  the  Depart- 
ments of  the  Seine  Inferieure,  Seine-et-Oise,  Seine-et-Marne, 
situated  on  the  Right  Bank  of  the  Seine,  as  well  as  the 
part  of  the  Department  of  the  Seine,  and  the  Forts  situated 
on  the  Right  Bank. 

After  the  payment  of  2,000,000,000  (two  milliards),  the 
German  occupation  shall  only  include  the  Departments  of 
the  Marne,  Ardennes,  Haute  Marne,Meuse,  Vosges,  Meurthe, 
as  well  as  the  Fortress  of  Belfort,  with  its  Territory,  which 
shall  serve  as  a  pledge  for  the  remaining  3,000,000,000 
(3  milliards),  and  in  which  the  number  of  the  German 
Troops  shall  not  exceed  50,000  men.  His  Majesty  the 
Emperor  will  be  willing  to  substitute  for  the  Territorial 
Guarantee,  consisting  in  the  partial  occupation  of  the 
French  Territory,  a  Financial  Guarantee,  should  it  be 
offered  by  the  French  Government  under  conditions  con- 
sidered sufficient  by  His  Majesty  the  Emperor  and  King 
for  the  interests  of  Germany.  The  3,000,000,000  (3  mil- 
liards), the  payment  of  which  shall  have  been  deferred, 
shall  bear  Interest  at  the  rate  of  5  per  cent.,  beginning 
from  the  Ratification  of  the  present  Convention. 

ARTICLE  IV.  The  German  Troops  shall  abstain  from 
levying  contributions  either  in  money  or  in  kind  in  the 
occupied  Departments.  On  the  other  hand,  the  mainten- 
ance of  the  German  Troops  remaining  in  France  shall  be 
at  the  expense  of  the  French  Government  in  the  manner 
decided  upon  by  an  Agreement  with  the  German  Military 
Administration. 

ARTICLE  V.  The  interests  of  the  Inhabitants  of  the 
Territories  ceded  by  France,  in  everything  relating  to  their 
Commerce  and  their  Civil  Rights  shall  be  regulated  in  as 
favourable  a  manner  as  possible  when  the  conditions  of 
the  Definitive  Peace  are  settled.  A  certain  time  will  be 
fixed,  during  which  they  will  enjoy  particular  advantages 
for  the  disposal  of  their  produce.  The  German  Government 
will  put  no  obstacle  in  the  way  of  Free  Emigration  by  the 
Inhabitants  from  the  ceded  Territories,  and  shall  take  no 
steps  against  them  affecting  their  Persons  or  their  Property. 

ARTICLE  VI.    The  Prisoners  of  War  who  shall  not  have 


278  THE  FRANCO-GERMAN  WAR 

been  already  set  at  liberty  by  exchange  shall  be  given  up 
immediately  after  the  Ratification  of  the  present  Pre- 
liminaries. In  order  to  accelerate  the  transport  of  French 
Prisoners,  the  French  Government  shall  place  at  the 
disposal  of  the  German  Authorities  in  the  interior  of  the 
German  Territory  a  part  of  the  rolling-stock  of  its  Railways 
in  such  proportion  as  shall  be  determined  by  special 
arrangements,  and  at  prices  paid  in  France  by  the  French 
Government  for  military  transport. 

•  ARTICLE  VII.  The  opening  of  negotiations  for  the 
Definitive  Treaty  of  Peace  to  be  concluded  on  the  Basis 
of  the  present  Preliminaries  shall  take  place  at  Brussels, 
immediately  after  the  Ratification  of  the  latter  by  the 
National  Assembly  and  by  His  Majesty  the  Emperor  of 
Germany. 

ARTICLE  VIII.  After  the  conclusion  and  the  Ratification 
of  the  Definitive  Treaty  of  Peace,  the  Administration  of 
the  Departments  which  are  still  to  remain  occupied  by  the 
German  Troops  shall  be  made  over  to  the  French  authori- 
ties. But  the  latter  shall  be  bound  to  conform  to  the 
orders  which  the  Commanders  of  the  German  troops  may 
think  necessary  to  give  in  the  interests  of  the  safety, 
maintenance,  and  distribution  of  the  Troops. 

After  the  Ratification  of  the  present  Treaty,  the  Taxes 
in  the  occupied  Departments  shall  be  levied  on  account  of 
the  French  Government,  and  by  its  own  Officers. 

ARTICLE  IX.  It  is  well  understood  that  these  stipula- 
tions do  not  give  to  the  German  Military  Authority  any 
right  over  the  parts  of  Territory  which  it  does  not  actually 
occupy. 

ARTICLE  X.  The  present  Preliminary  Treaty  shall  be 
immediately  submitted  to  the  Ratification  of  His  Majesty 
the  Emperor  of  Germany  and  to  the  French  National 
Assembly  sitting  at  Bordeaux. 

In  testimony  whereof  the  Undersigned  have  signed  the 
present  Preliminary  Treaty,  and  sealed  it  with  the  Seal 
of  their  Arms. 

Done  at  Versailles,  26th  February,  1871. 

(L.S.)    BISMARCK.       (L.S.)    A.  THIERS. 

(L.S.)    JULES  FAVRE. 


DEFINITIVE  TREATY  OF  1871  279 

ACCESSION  OF  BADEN,  BAVARIA,  AND  WURTEMBERG. 

The  Kingdoms  of  Bavaria  and  Wurtemberg,  and  the 
Grand  Duchy  of  Baden,  having  taken  part  in  the  actual 
War  as  Allies  of  Prussia,  and  now  forming  part  of  the 
Germanic  Empire,  the  Undersigned  adhere  to  the  present 
Convention  in  the  name  of  their  respective  Sovereigns. 

Versailles,  26th  February,  1871. 

CTE.  DE  BRAY-STEINBURG.     MITTNACHT. 
BN.  DE  WACHTER.  JOLLY. 

DEFINITIVE  TREATY  OF  PEACE  BETWEEN  FRANCE  AND 
GERMANY.    SIGNED  AT  FRANKFORT,  IOTH  MAY,  1871. x 

ARTICLE  I.  The  distance  between  the  Town  of  Belfort 
and  the  Line  of  Frontier,  such  as  it  had  been  proposed 
during  the  negotiations  of  Versailles,  and  such  as  it  is 
marked  on  the  Map  annexed  to  the  Ratifications  of  the 
Preliminaries  of  the  26th  February,  is  considered  as  describ- 
ing the  Radius  which,  by  virtue  of  the  Clause  relating 
thereto  in  Article  I  of  the  Preliminaries,  is  to  remain  to 
France  with  the  Town  and  Fortifications  of  Belfort. 

The  German  Government  is  disposed  to  extend  that 
Radius  so  as  to  include  the  Cantons  of  Belfort,  Delle,  and 
Giromagny,  as  well  as  the  western  part  of  the  Canton  of 
Fontaine,  to  the  West  of  a  line  to  be  traced  from  the  spot 
where  the  Canal  from  the  Rhone  to  the  Rhine  leaves  the 
Canton  of  Delle  to  the  South  of  Montreux-Chateau,  to  the 
Northern  Limits  of  the  Canton  between  Bourg  and  Felon 
where  that  Line  would  join  the  Eastern  Limit  of  the 
Canton  of  Giromagny. 

The  German  Government  will,  nevertheless,  not  cede 
the  above  Territories  unless  the  French  Republic  agrees, 
on  its  part,  to  a  rectification  of  Frontier  along  the  Western 
Limits  of  the  Cantons  of  Cattenom  and  Thionville  which 
will  give  to  Germany  the  Territory  to  the  East  of  a  Line 
starting  from  the  Frontier  of  Luxemburg  between  Hussigny 
and  Redingen,  leaving  to  France  the  Villages  of  Thil  and 
Villerupt,  extending  between  Erronville  and  Aumetz 
between  Beuvillers  and  Boulange,  between  Trieux  and 

1  French  version  in  State  Papers,  vol.  Ixii,  pp.  77,  83.  Hertslet, 
vol.  iii,  No.  446. 


280  THE  FRANCO-GERMAN  WAR 

Lomeringen,  and  joining  the  ancient  Line  of  Frontier 
between  Avril  and  Moyeuvre. 

The  International  Commission,  mentioned  in  Article  I 
of  the  Preliminaries,  shall  proceed  to  the  spot  immediately 
after  the  Ratifications  of  the  present  Treaty  to  execute  the 
Works  entrusted  to  them  and  to  trace  the  new  Frontier, 
in  accordance  with  the  preceding  dispositions. 

ARTICLE  II.  French  Subjects,  Natives  of  the  ceded 
Territories,  actually  domiciled  on  that  Territory,  who  shall 
preserve  their  Nationality,  shall  up  to  the  ist  October, 
1872,  and  on  their  making  a  previous  Declaration  to  that 
effect  to  the  Competent  Authority,  be  allowed  to  change 
their  domicile  into  France  and  to  remain  there,  that  right 
in  nowise  infringing  on  the  Laws  on  Military  Service,  in 
which  case  the  title  of  French  Citizen  shall  be  maintained. 

They  shall  be  at  liberty  to  preserve  their  Immovables 
situated  in  the  Territory  united  to  Germany. 

No  Inhabitant  of  the  ceded  Territory  shall  be  prosecuted, 
annoyed,  or  sought  for,  either  in  his  person  or  his  property, 
on  account  of  his  Political  or  Military  Acts  previous  to  the 
War. 

ARTICLE  III.  The  French  Government  shall  deliver  over 
to  the  German  Government  the  Archives,  Documents,  and 
Registers  relating  to  the  Civil,  Military,  and  Judicial 
Administration  of  the  ceded  Territories.  Should  any  of  the 
Documents  be  found  missing,  they  shall  be  restored  by 
the  French  Government  on  the  demand  of  the  German 
Government. 

ARTICLE  IV.  The  French  Government  shall  make  over 
to  the  Government  of  the  Empire  of  Germany  within  the 
term  of  6  Months  dating  from  the  exchange  of  the  Ratifica- 
tions of  this  Treaty  :  I.  The  amount  of  the  sum  deposited 
by  the  Departments,  Communes,  and  Public  Establish- 
ments of  the  ceded  Territories.  2.  The  amount  of  the 
premium  of  Enlistment  and  Discharge  belonging  to 
Soldiers  and  Sailors  natives  of  the  ceded  Territory  who 
shall  have  chosen  the  German  Nationality.  3.  The  Amount 
of  Security  of  responsible  Agents  of  the  State.  4.  The 
Amount  of  Sums  deposited  for  Judicial  Consignments  on 
account  of  measures  taken  by  the  Administrative  or 
Judicial  Authorities  in  the  ceded  Territories. 

ARTICLE  V.  The  two  Nations  shall  enjoy  equal  privileges 
as  far  as  regards  the  Navigation  on  the  Moselle,  the  Canal 


DEFINITIVE  TREATY  OF  1871  281 

of  the  Marne  to  the  Rhine,  the  Canal  of  the  Rhone  to  the 
Rhine,  the  Canal  of  the  Sarre  and  the  Navigable  Waters 
communicating  with  those  channels  of  Navigation.  The 
Right  of  Floatage  shall  be  maintained. 

ARTICLE  VI.  The  High  Contracting  Parties  being  of 
opinion  that  the  Diocesan  circumscriptions  of  the  Terri- 
tories ceded  to  the  German  Empire  must  agree  with  the 
new  Frontier  determined  upon  by  Article  I  above,  will 
consider,  without  delay,  after  the  Ratification  of  the  present 
Treaty,  upon  the  measures  to  be  taken  in  common  on  the 
subject. 

The  Communities  belonging  either  to  the  Reformed 
Church  or  to  the  Augsburg  Confession,  established  on  the 
Territories  ceded  by  France,  shall  cease  to  be  under  French 
Ecclesiastical  Authority. 

The  Communities  of  the  Church  of  the  Augsburg  Confes- 
sion established  in  the  French  Territories  shall  cease  to 
be  under  the  Superior  Consistories  and  of  the  Directors 
residing  at  Strasburg. 

The  Jewish  Communities  of  the  Territories  situated  to 
the  East  of  the  new  Frontier  shall  cease  to  depend  on  the 
Central  Jewish  Consistory  residing  at  Paris. 

ARTICLE  VII.  The  payment  of  500,000,000  (|  milliard) 
shall  be  made  within  30  days  after  the  re-establishment  of 
the  Authority  of  the  French  Government  in  the  City  of 
Paris.  1,000,000,000  (i  milliard)  shall  be  paid  in  the  course 
of  the  year,  and  500,000,000  (^  milliard)  on  the  ist  May, 
1872.  The  last  3,000,000,000  (3  milliards)  shall  remain 
payable  on  the  2nd  March,  1874,  as  stipulated  in  the 
Preliminary  Treaty.  From  the  2nd  March  of  the  present 
year  the  Interest  on  those  3,000,000,000  francs  (3  milliards) 
shall  be  paid  each  year  on  the  3rd  March,  at  the  rate  of 
5  per  cent,  per  annum. 

All  sums  paid  in  advance  on  the  last  3,000,000,000  shall 
cease  to  bear  Interest  from  the  day  on  which  the  payment 
is  made. 

The  payment  can  only  be  made  in  the  principal  German 
Commercial  Towns,  and  shall  be  made  in  metal,  Gold  or 
Silver,  in  Notes  of  the  Bank  of  England,  in  Prussian  Bank 
Notes,  in  Netherlands  Bank  Notes,  in  Notes  of  the  National 
Bank  of  Belgium,  in  first  class  Negotiable  Bills  to  Order 
or  Letters  of  Exchange,  payable  at  sight. 

The  German  Government  having  fixed  in  France  the 


282  THE  FRANCO-GERMAN  WAR 

value  of  a  Prussian  Thaler  at  3  francs  75  centimes,  the 
French  Government  accepts  the  conversion  of  the  Moneys 
of  both  Countries  at  the  rate  above  stated. 

The  French  Government  will  inform  the  German  Govern- 
ment, 3  months  in  advance,  of  all  payments  which  it 
intends  to  make  into  the  Treasury  of  the  German 
Empire. 

After  the  payment  of  the  first  500,000,000  (£  milliard) 
and  the  Ratification  of  the  Definitive  Treaty  of  Peace,  the 
Departments  of  the  Somme,  Seine  Inferieure,  and  Eure 
shall  be  evacuated  in  so  far  as  they  shall  be  found  to  be 
still  occupied  by  German  Troops.  The  Evacuation  of  the 
Departments  of  the  Oise,  Seine-et-Oise,  Seine-et-Marne, 
and  Seine,  as  well  as  the  Forts  of  Paris,  shall  take  place 
so  soon  as  the  German  Government  shall  consider  the  re- 
establishment  of  Order,  both  in  France  and  Paris,  sufficient 
to  ensure  the  execution  of  the  Engagements  contracted 
by  France. 

Under  all  circumstances,  the  Evacuation  shall  take  place 
after  the  payment  of  the  third  500,000,000  (£  milliard). 

The  German  Troops,  for  their  own  security,  shall  have 
at  their  disposal  the  Neutral  Zone  between  che  German 
line  of  Demarcation  and  the  Paris  enclosure  on  the  Right 
Bank  of  the  Seine. 

The  stipulations  of  the  Treaty  of  26th  February  relative 
to  the  occupation  of  French  Territories  after  the  payment 
of  the  2,000,000,000  (2  milliards),  shall  remain  in  force. 
None  of  the  deductions  which  the  French  Government 
might  have  a  right  to  make  shall  be  made  on  the  payment 
of  the  first  500,000,000  (-|-  milliard). 

ARTICLE  VIII.  German  Troops  shall  continue  to  abstain 
from  levying  contributions  either  in  kind  or  money  in  the 
occupied  Territories  ;  that  obligation  on  their  part  being 
correlative  to  the  obligations  contracted  for  their  mainten- 
ance by  the  French  Government,  in  case  the  French  Govern- 
ment, notwithstanding  the  reiterated  demands  of  the 
German  Government,  was  behindhand  in  the  execution  of 
the  said  obligations,  the  German  Troops  will  have  the 
right  to  procure  what  is  necessary  to  their  wants  by 
levying  Taxes  and  Contributions  in  the  occupied  Depart- 
ments, and  even  outside  of  them,  should  their  resources 
not  be  sufficient. 

With  reference  to  the  Maintenance  of  the  German  Troops, 


DEFINITIVE  TREATY  OF  1871  283 

the  system  actually  in  force  shall  be  continued  until  the 
Evacuation  of  the  Paris  Forts. 

In  virtue  of  the  Convention  of  Ferrieres,  of  nth  March, 
1871,  the  reductions  pointed  out  by  that  Convention  shall 
be  put  into  force  after  the  Evacuation  of  the  Forts.1 

As  soon  as  the  effective  of  the  German  Army  shall  be 
reduced  below  the  number  of  500,000  men,  account  shall 
be  taken  of  the  reductions  made  below  that  number  to 
establish  a  proportionate  diminution  in  the  price  of  the 
Maintenance  of  the  Troops  paid  by  the  French  Government. 

ARTICLE  IX.  The  exceptional  Treatment  at  present 
granted  to  the  Produce  of  the  Industry  of  the  ceded 
Territories  for  Imports  into  France,  shall  be  continued  for 
6  months,  from  the  ist  March,  under  the  conditions  made 
with  the  Commissioners  of  Alsace. 

ARTICLE  X.  The  German  Government  shall  continue 
to  deliver  up  Prisoners  of  War,  making  arrangements  with 
the  French  Government.  The  French  Government  shall 
send  to  their  homes  such  of  the  Prisoners  as  can  be  dis- 
charged. As  for  those  who  shall  not  have  completed  their 
term  of  service,  they  shall  be  sent  beyond  the  Loire.  It 
is  understood  that  the  Army  of  Paris  and  Versailles,  after 
the  re-'establishment  of  the  authority  of  the  French  Govern- 
ment at  Paris,  and  until  the  Evacuation  of  the  Forts  by 
German  Troops,  shall  not  exceed  80,000  men.  Until  that 
Evacuation,  the  French  Government  shall  not  concentrate 
Troops  on  the  Right  Bank  of  the  Loire,  but  it  shall  provide 
Garrisons  in  the  Towns  within  that  circuit,  according  to 
the  necessities  for  the  maintenance  of  Public  Order  and 
Peace. 

As  the  Evacuation  shall  proceed,  the  Commanders  of 
Regiments  -shall  agree  together  as  to  a  Neutral  Circuit 
between  the  Armies  of  the  two  Nations. 

20,000  Prisoners  shall  be  sent  without  delay  to  Lyons 
on  condition  that  they  are  immediately  sent  to  Algiers, 
after  their  organization,  to  be  employed  in  that  Colony. 

ARTICLE  XI.  The  Treaties  of  Commerce  with  the 
different  States  of  Germany  having  been  annulled  by  the 
War,  the  French  Government  and  the  German  Govern- 
ment will  adopt  as  the  basis  of  their  Commercial  Relations 

1  Convention  for  the  execution  of  the  Preliminaries  of  Peace : 
State  Papers,  vol.  Ixii,  p.  65. 


284  THE  FRANCO-GERMAN  WAR 

the  system  of  reciprocal  Treatment  on  the  footing  of  the 
Most  favoured  Nation. 

Are  included  therein  Import  and  Export  Duties,  Transit 
Dues,  Customs  Formalities,  the  admission  and  treatment 
of  both  Nations  as  well  as  their  Agents. 

Shall  nevertheless  be  excepted  from  the  above  Rule  the 
favours  which  one  of  the  Contracting  Parties  has  granted 
or  may  grant,  by  Treaties  of  Commerce,  to  other  States 
than  the  following  :  Great  Britain,  Belgium,  Netherlands, 
Switzerland,  Austria,  Russia. 

The  Treaties  of  Navigation  as  well  as  the  Convention 
relative  to  the  International  Service  of  Railways  in  its 
relation  with  the  Customs,  and  the  Convention  for  the 
reciprocal  Guarantee  of  Literary  and  Artistic  Works,  shall 
be  renewed. 

The  French  Government  nevertheless  reserves  to  itself 
the  right  of  levying  Tonnage  and  Shipping  Duties  (Droit 
de  Pavilion)  on  German  Vessels  and  their  Cargoes,  under 
the  reservation  that  those  Duties  shall  not  be  higher  than 
those  imposed  on  Vessels  and  Cargoes  of  the  above-men- 
tioned Nations. 

ARTICLE  XII.  All  expelled  Germans  shall  preserve  the 
full  and  entire  enjoyment  of  all  Property  which  they  may 
have  acquired  in  France. 

Such  Germans  who  had  obtained  the  authority  required 
by  French  Laws  to  establish  their  Domicile  in  France 
shall  be  reinstated  in  all  their  Rights,  and  may  conse- 
quently again  establish  their  Domicile  in  French  Territory. 

The  delay  stipulated  by  French  Laws  to  obtain  Naturali- 
sation shall  be  considered  as  not  having  been  interrupted 
by  the  state  of  War  for  persons  who  shall  take  advantage 
of  the  above-mentioned  facility  of  returning  to  France 
within  6  months  after  the  exchange  of  the  Ratifications 
of  this  Treaty,  and  the  time  which  has  elapsed  between 
their  expulsion  and  their  return  to  the  French  Territory 
shall  be  taken  into  account,  as  if  they  had  never  ceased 
to  reside  in  France. 

The  above  conditions  shall  be  applicable  in  perfect 
reciprocity  to  the  French  Subjects  residing,  or  wishing  to 
reside,  in  Germany. 

ARTICLE  XIII.  German  Vessels  condemned  by  Prize 
Courts  before  the  2nd  March,  1871,  shall  be  considered  as 
definitively  condemned. 


ADDITIONAL  ARTICLES  285 

Those  not  condemned  at  the  above-mentioned  date  shall 
be  restored  with  their  Cargo  in  so  far  as  it  still  exists.  If 
the  restoration  of  the  Vessels  and  Cargo  is  no  more  possible, 
their  value,  fixed  according  to  the  price  of  the  sale,  shall 
be  restored  to  their  Owners. 

ARTICLE  XIV.  Each  of  the  two  Parties  shall  continue 
on  his  Territory  the  Works  undertaken  for  the  Canalisa- 
tion of  the  Moselle.  The  Common  Interests  of  the  separate 
parts  of  the  two  Departments  of  the  Meurthe  and  the 
Moselle  shall  be  liquidated. 

ARTICLE  XV.  The  High  Contracting  Parties  mutually 
engage  to  extend  to  their  respective  Subjects  the  measures 
which  they  may  consider  necessary  to  adopt  in  favour  of 
those  of  their  Subjects  who,  in  consequence  of  the  events 
of  the  War,  may  have  been  prevented  arriving  in  time  for 
the  safety  or  the  preservation  of  their  Rights. 

ARTICLE  XVI.  The  two  Governments,  French  and 
German,  reciprocally  engage  to  respect  and  preserve  the 
Tombs  of  Soldiers  buried  in  their  respective  Territories. 

ARTICLE  XVII.  The  Regulation  of  additional  Stipula- 
tions upon  which  an  understanding  is  to  be  come  to  in 
consequence  of  this  Treaty  and  the  Preliminary  Treaty, 
will  be  the  object  of  further  Negotiations  which  shall  take 
place  at  Frankfort. 

ARTICLE  XVIII.  The  Ratification  of  the  present  Treaty 
by  the  National  Assembly  and  by  the  Chief  of  the  Executive 
of  the  French  Republic,  on  the  one  part,  and  on  the  other 
by  the  Emperor  of  Germany,  shall  be  exchanged  at  Frank- 
fort, in  the  delay  of  10  days,  or  sooner  if  possible. 

In  faith  whereof  the  respective  Plenipotentiaries  have 
signed  it  and  affixed  thereto  the  Seal  of  their  Arms. 

Done  at  Frankfort,  loth  May,  1871. 

(L.S.)    JULES  FAVRE.  (L.S.)     BISMARCK. 

(L.S.)     POUYER-QUERTIER.      (L.S.)     ARNIM. 
(L.S.)    DE  GOULARD. 

ADDITIONAL  ARTICLES.1 

ARTICLE  I.  §  i.  From  this  date  until  the  date  fixed  for 
the  exchange  of  the  Ratifications  of  the  present  Treaty 
the  French  Government  shall  exercise  its  right  of  redemp- 

1  Translated  from  the  French  as  given  in  State  Papers,  vol.  Ixii, 
pp.  83,  84. 


286  THE  FRANCO-GERMAN  WAR 

tion  of  the  Concession  granted  to  the  Eastern  Railway 
Company  (Compagnie  des  Chemins  de  Fer  de  1'Est).  The 
German  Government  shall  be  surrogated  in  respect  of  all 
the  rights  which  the  French  Government  shall  have 
acquired  by  the  repurchase  of  the  concessions  so  far  as 
they  concern  the  railways  situated  within  the  ceded 
territories  whether  completed  or  in  course  of  construction. 
§  2.  The  following  shall  be  included  in  this  concession  : 

1.  All  the  lands  belonging  to  the  said  company,  whatever 
shall  be  their  purpose,  such  as  establishments  fora  terminus, 
for  stations,  sheds,  workshops  and  store  houses,  houses  of 
keepers  of  the  line,  &c. 

2.  All  immovables  connected  with  them,  such  as  gates, 
fences,  points,  turntables,  water-tanks,  hydraulic  cranes, 
stationary  engines,  &c. 

3.  All  materials,  combustibles  and  supplies  of  all  kinds, 
furniture  of  stations,  tools  of  work-shops  and  stations,  &c. 

4.  Sums  of  money  due  to  the  Eastern  Railway  Company 
by  way  of  subsidy  granted  by  corporations  or  persons 
domiciled  within  the  ceded  territories. 

§  3.  Rolling-stock  is  excluded  from  this  concession.  The 
German  Government  will  give  up  to  the  French  Govern- 
ment that  part  of  the  rolling-stock,  with  its  accessories 
which  shall  be  found  in  its  possession. 

§  4.  The  French  Government  undertakes  as  towards  the 
German  Empire,  entirely  to  exempt  the  ceded  railways 
and  their  dependances  from  all  rights  claimed  by  third 
parties,  and  particularly  those  of  the  Bondholders  (Obli- 
gataires). 

It  undertakes  equally,  should  the  case  arise,  to  take  the 
place  of  the  German  Government  in  the  matter  of  any 
claims  which  may  be  brought  against  that  Government  by 
any  creditors  of  the  railways  in  question. 

§  5.  The  French  Government  will  make  itself  liable  for 
any  claims  of  the  Eastern  Railway  Company  preferred 
against  the  German  Government  or  its  Agents  on  account 
of  the  working  of  the  said  railways  and  for  the  use  of  the 
objects  indicated  in  the  above  §  2  and  of  the  rolling-stock. 
The  German  Government  will  communicate  to  the  French 
Government,  on  its  demand,  all  the  documents  and  all  the 
information  which  may  serve  to  establish  the  facts  upon 
which  the  above-mentioned  claims  may  be  founded. 

§  6.  The  German  Government  will  pay  to  the  French 


ADDITIONAL  ARTICLES  287 

Government  for  the  cession  of  the  proprietary  rights  indi- 
cated in  §§  i  and  2,  and  as  an  equivalent  for  the  engagement 
taken  by  the  French  Government  in  §  4,  the  sum  of 
325,000,000  francs. 

This  sum  shall  be  deducted  from  the  war  indemnity 
stipulated  for  in  Article  VII.  Seeing  that  the  circumstances 
which  constituted  the  basis  for  the  Convention  concluded 
between  the  Company  of  the  Eastern  Railways  and  the 
Royal  Grand  Ducal  Society  of  the  Guillaume-Luxembourg 
Railways  dated  June  6,  1857  and  January  21,  1868,  and 
that  concluded  between  the  Government  of  the  Grand 
Duchy  of  Luxembourg  and  the  Societies  of  the  Guillaume- 
Luxembourg  and  the  French  Eastern  Railways  of  December 
5,  1868,  have  been  essentially  modified  to  an  extent  that 
they  are  not  applicable  to  the  state  of  things  created  by 
the  stipulations  contained  in  §  i,  the  German  Government 
declares  itself  ready  to  take  over  the  rights  and  liabilities 
resulting  from  these  Conventions  from  the  Company  of 
the  Eastern  Railways. 

In  case  the  French  Government  should  acquire  (serait 
subroge),  either  by  the  repurchase  of  the  Concession  of 
the  Eastern  Railways  Company,  or  as  a  consequence  of 
a  special  understanding,  the  rights  of  that  Company  in 
virtue  of  the  above-mentioned  Conventions,  it  undertakes 
to  cede  those  rights  to  the  German  Government  gratuitously 
within  the  period  of  six  weeks. 

In  case  the  above-mentioned  acquisition  should  not  be 
effected,  the  French  Government  will  only  grant  concessions 
in  respect  of  the  lines  of  railway  belonging  to  the  Eastern 
Company  and  situated  within  French  territory,  on  the  ex- 
press condition  that  the  holder  of  the  Concessions  shall 
not  work  the  railway  lines  situated  in  the  Grand  Duchy  of 
Luxembourg. 

ARTICLE  II.  The  German  Government  offers  2,000,000 
francs  for  the  rights  and  properties  possessed  by  the  Com- 
pany of  the  Eastern  Railways  on  that  portion  of  its  system 
situated  on  Swiss  territory  from  the  frontier  at  Bale, 
provided  that  the  French  Government  signifies  its  consent 
within  a  period  of  one  month. 

ARTICLE  III.  The  Cession  of  Territory  near  Belfort, 
offered  by  the  German  Government  in  Article  I  of  the  present 
Treaty  in  exchange  for  the  rectification  of  the  frontier 
required  to  the  West  of  Thionville,  shall  be  increased  by  the 


288  THE  FRANCO-GERMAN  WAR 

Territories  of  the  following  Villages  :  Rougemont,  Leval, 
Petite-Fontaine,  Romagny,  Felon,  La-Chapelle-sous-Rouge- 
mont,  Angeot,  Vauthier-Mont,  Riviere,  Grasige,  Reppe, 
Fontaine,  Frais,  Foussemagne,  Cunelieres,  Montreux- 
Chateau,  Brelagne,  Chavannes-les-Grands,  Chavanatte,  and 
Suarce. 

The  Giromagny  and  Remiremont  Road,  thoroughfare  to 
the  Balloon  of  Alsace,  shall  remain  to  France  throughout 
its  whole  extent,  and  shall  serve  as  a  Limit  in  so  far  as  it 
is  situated  outside  the  Canton  of  Giromagny. 

Done  at  Frankfort,  loth  May,  1871. 

(L.S.)    JULES  FAVRE.  (L.S.)     BISMARCK. 

(L.S.)    POUYER-QUERTIER.     (L.S.)     ARNIM. 
(L.S.)    DE  GOULARD. 

CONSTITUTION  OF  THE  GERMAN  EMPIRE.    BERLIN, 
i6TH  APRIL,  iSyi.1 

(Translation.) 

His  Majesty  the  King  of  Prussia  in  the  name  of  the  North 
German  Confederation,  His  Majesty  the  King  of  Bavaria, 
His  Majesty  the  King  of  Wurtemberg,  His  Royal  Highness 
the  Grand  Duke  of  Baden,  and  His  Royal  Highness  the 
Grand  Duke  of  Hesse  and  by  Rhine,  for  those  parts  of  the 
Grand  Duchy  of  Hesse  which  are  south  of  the  river  Main, 
conclude  an  everlasting  Confederation  for  the  protection 
of  the  Territory  of  the  Confederation  and  the  rights  thereof, 
as  well  as  to  care  for  the  welfare  of  the  German  people. 
This  Confederation  will  bear  the  name  '  German  Empire  ', 
and  is  to  have  the  following 

CONSTITUTION. 

I.  Territory  of  the  Confederation. 

ARTICLE  I.  The  Territory  of  the  Confederation  is  com- 
prised of  the  States  of  Prussia  with  Lauenburg,  Bavaria, 
Saxony,  Wurtemberg,  Baden,  Hesse,  Mecklenburg-Schwerin, 
Saxe-  Weimar,  Mecklenburg -Strelitz,  Oldenburg,  Bruns- 
wick, Saxe-Meiningen,  Saxe-Altenburg,  Saxe-Coburg-Gotha, 
Anhalt,  Schwarzburg-Rudolstadt,  Schwarzburg-Sonders- 
hausen,  Waldeck,  Reuss  Elder  Line,  Reuss  Younger  Line, 
Schaumburg-Lippe,  Lippe,  Lubeck,  Bremen,  and  Hamburg. 

1  From  a  translation  in  State  Papers,  vol.  Ixi,  p.  58.  The  Con- 
stitution of  1871  was  superseded  by  the  Republican  Constitution  of 
Aug.  ii,  1919. 


CONSTITUTION  OF  GERMAN  EMPIRE       289 

II.  Legislature  of  the  Empire. 

ARTICLE  II.  Within  this  Confederate  Territory  the 
Empire  exercises  the  right  of  legislation  according  to 
the  tenor  of  this  Constitution,  and  with  the  effect  that  the 
Imperial  laws  take  precedence  of  the  laws  of  the  States. 
The  Imperial  laws  receive  their  binding  power  by  their 
publication  in  the  name  of  the  Empire,  which  takes  place 
by  means  of  an  Imperial  Law  Gazette.  If  the  date  of  its 
first  coming  into  force  is  not  otherwise  fixed  in  the  published 
law,  it  comes  into  force  on  the  I4th  day  after  the  close  of 
the  day  on  which  the  part  of  the  Imperial  Law  Gazette 
which  contains  it  is  published  at  Berlin. 

ARTICLE  III.  For  entire  Germany  one  common  nation- 
ality exists  with  the  effect,  that  every  person  (subject, 
State-citizen)  belonging  to  any  one  of  the  Confederated 
States  is  to  be  treated  in  every  other  of  the  Confederated 
States  as  a  born  native,  and  accordingly  must  be  permitted 
to  have  a  fixed  dwelling,  to  trade,  to  be  appointed  to  public 
offices,  to  acquire  real  estate  property,  to  obtain  the  rights 
of  a  State-citizen,  and  to  enjoy  all  other  civil  rights  under 
the  same  presuppositions  as  the  natives,  and  likewise  is  to 
be  treated  equally  with  regard  to  legal  prosecution  or  legal 
protection. 

No  German  may  be  restricted  from  the  exercise  of  this 
right  by  the  authorities  of  his  own  State  or  by  the  authorities 
of  any  of  the  other  Confederated  States. 

Those  regulations  which  have  reference  to  the  care  of 
the  poor,  and  their  admission  into  local  parishes  are  not 
affected  by  the  principles  set  down  in  the  first  paragraph. 

Until  further  notice  the  Treaties  likewise  remain  in  force 
which  have  been  entered  into  by  the  particular  States 
of  the  Confederation  regarding  the  reception  of  persons 
expelled,  the  care  of  sick  persons,  and  the  burial  of  deceased 
persons  belonging  to  the  States. 

What  is  needful  for  the  fulfilment  of  military  duty  in 
regard  to  the  native  country  will  be  ordered  by  the  way  of 
Imperial  legislation. 

Every  German  has  the  same  claim  to  the  protection  of 
the  Empire  with  regard  to  foreign  nations. 

ARTICLE  IV.  The  following  affairs  are  subject  to  the 
superintendence  and  legislation  of  the  Empire  : 

i.  The    regulations    as    to    freedom    of    translocation, 

1903 


290  THE  FRANCO-GERMAN  WAR 

domicile,  and  settlement  affairs,  right  of  citizenship,  pass- 
port and  police  regulations  for  strangers,  and  as  to  transact- 
ing business  including  insurance  affairs,  in  so  far  as  these 
objects  are  not  already  provided  for  by  Article  III  of  this 
Constitution.  In  Bavaria,  however,  the  domicile  and  settle- 
ment affairs,  and  likewise  the  affairs  of  colonization  and 
emigration  to  foreign  countries  are  herefrom  excluded ; 

2.  The  customs  and  commercial  legislation,   and  the 
taxes  which  are  to  be  applied  to  the  requirements  of  the 
Empire ; 

3.  The  regulation  of  the  system  of  the  coinage,  weights, 
and  measures,  likewise  the  establishment  of  the  principles 
for  the  issue  of  funded  and  unfunded  paper  money  ; 

4.  The  general  regulations  as  to  banking  ; 

5.  The  granting  of  patents  for  inventions  ; 

6.  The  protection  of  intellectual  property  ; 

7.  The  organization  of  the  common  protection  of  German 
commerce  in  foreign  countries,  of  German  vessels  and  their 
flags  at  sea,  and  the  arrangement  of  a  common  Consular 
representation,  which  is  to  be  salaried  by  the  Empire  ; 

8.  Railway  affairs, — excepting  in  Bavaria  the  arrange- 
ments in  Article  XLVI, — and  the  construction  of  land  and 
water  communications  for  the  defence  of  the  country  and 
for  the  general  intercourse  ; 

9.  The  rafting   and   navigation   affairs  on  waterways 
belonging  in  common  to  several  of  the  States,  and  the 
condition  of  the  waterways,  and  likewise  the  river  or  other 
water  dues ; 

10.  Postal  and  telegraph  affairs ;   in  Bavaria  and  Wur- 
temberg,  however,  only  with  reference  to  the  provisions 
of  Article  LII ; 

11.  Regulations  as  to  the  reciprocal  execution  of  judg- 
ments in  civil  affairs  and  the  settlement  of  requisitions  in 
general ; 

12.  Likewise  as  to  the  verification  of  public  documents  ; 

13.  The  general  legislation  as  to  obligatory  rights,  penal 
law,  commercial  and  bill-of -exchange  laws,  and  judicial 
procedure ; 

14.  The  military  and  naval  affairs  of  the  Empire ; 

15.  The  measures  of  medicinal  and  veterinary  police  ; 

16.  The  regulations  for  the  press  and  for  union  societies. 
ARTICLE  V.    The  Legislation  of  the  Empire  is  carried  on 

by  the  council  of  the  Confederation  and  the  Imperial  Diet. 


CONSTITUTION  OF  GERMAN  EMPIRE      291 

The  accordance  of  the  majority  of  votes  in  both  Assemblies 
is  necessary  and  sufficient  for  a  law  of  the  Empire. 

In  projects  of  law  on  military  affairs,  on  naval  affairs, 
and  on  the  taxes  mentioned  in  Article  XXXV,  the  President 
has  the  casting  vote  in  cases  where  there  is  a  difference  of 
opinion,  if  his  vote  is  in  favour  of  the  maintenance  of  the 
existing  arrangements. 

III.  Council  of  the  Confederation. 

ARTICLE  VI.  The  Council  of  the  Confederation  consists 
of  the  Representatives  of  the  Members  of  the  Confederation, 
amongst  which  the  votes  are  divided  in  such  a  manner 
that  Prussia  has,  with  the  former  votes  of  Hanover,  Electoral 
Hesse,  Holstein,  Nassau,  and  Frankfort, 

17  votes. 

Bavaria      .         .         .         .  6     „ 

Saxony       .         .         .         .         .  4     ,, 

Wurtemberg        .         .         .         .  4     ,, 

Baden        .         .         .         .         .  3 

Hesse 3 

Mecklenburg-Schwerin          .         .  2 

Saxe- Weimar       .  .         .  i 

Mecklenburg-Strelitz    .         .         .  i 

Oldenburg i 

Brunswick  .         .         .         .         .2 

Saxe-Meiningen  .  i 

Saxe-Altenburg  .  .         .  i 

Saxe-Coburg-Gotha      .         .         .  i 

Anhalt i 

Schwarzburg-Rudolstadt       .         .  i 

Schwarzburg-Sondershausen          .  i 

Waldeck     .         .         .         .         .  i 

Reuss  Elder  Line         .         .         .  i 

Reuss  Younger  Line     .         .         .  i 

Schaumburg-Lippe       .         .          .  i 

Lippe          .....  i 

Lubeck i 

Bremen       .....  i 

Hamburg    .         .         .         .         .  i 


u  2 


Total    58  votes. 


292  THE  FRANCO-GERMAN  WAR 

Each  member  of  the  Confederation  can  nominate  as 
many  Plenipotentiaries  to  the  Council  of  the  Confederation 
as  it  has  votes ;  but  the  totality  of  such  votes  can  only 
be  given  in  one  sense. 

ARTICLE  VII.  The  Council  of  the  Confederation  deter- 
mines : 

1.  What  Bills  are  to  be  brought  before  the  Imperial 
Diet,  and  on  the  resolutions  passed  by  the  same  ; 

2.  As  to  the  administrative  measures  and  arrangements 
necessary  for  the  general  execution  of  the  Imperial  Legisla- 
tion, in  so  far  as  no  other  Imperial  law  has  decreed  to  the 
contrary  ; 

3.  As  to  defects  which  have  made  themselves  manifest 
in  the  execution  of  the  Imperial  laws  or  the  above-mentioned 
measures  and  arrangements. 

Every  member  of  the  Confederation  has  the  right  to 
propose  Bills  and  to  recommend  them,  and  the  Presidency 
is  bound  to  bring  them  under  debate. 

The  decisions  take  place  by  simple  majority,  with  the 
reservation  of  the  stipulations  in  the  Articles  V,  XXXVII, 
and  LXXVIII.  Non-represented  votes,  or  votes  without 
instructions,  are  not  counted.  In  equal  divisions  the 
Presidential  is  the  casting  vote. 

In  decisions  upon  affairs,  wherein,  according  to  the  rules 
of  this  Constitution,  the  whole  Empire  has  not  a  common 
interest,  only  the  votes  of  those  Confederated  States  are 
counted  which  are  interested  in  common. 

ARTICLE  VIII.  The  Council  of  the  Confederation  forms 
permanent  Committees  from  its  own  members ; 

1.  For  the  land  army  and  fortresses. 

2.  For  naval  affairs. 

3.  For  customs  and  taxes. 

4.  For  commerce  and  intercourse. 

5.  For  railways,  post,  and  telegraphs. 

6.  For  affairs  of  justice. 

7.  For  finances. 

In  each  of  these  Committees,  besides  the  Presidency,  at 
least  4  of  the  Confederated  States  will  be  represented,  and 
in  the  same  each  State  only  has  one  vote.  In  the  Committee 
for  the  land  army  and  fortresses,  Bavaria  has  a  perpetual 
seat,  the  other  members  thereof,  as  well  as  the  members 
for  the  Naval  Committee,  are  nominated  by  the  Emperor  ; 
the  members  of  the  other  Committees  are  elected  by  the 


CONSTITUTION  OF  GERMAN  EMPIRE      293 

Council  of  the  Confederation.  The  composition  of  these 
Committees  is  to  be  renewed  for  every  session  of  the 
Council  of  the  Confederation  or  respectively  every  year, 
when  the  outgoing  members  may  be  re-elected. 

Besides  these  in  the  Council  of  the  Confederation  a 
Committee  for  Foreign  Affairs  will  be  formed,  comprised 
of  the  Representatives  of  the  Kingdoms  of  Bavaria,  Saxony, 
and  Wurtemberg,  and  of  two  other  Representatives  of 
other  Confederated  States,  who  will  be  yearly  elected  by 
the  Council  of  the  Confederation,  in  which  Committee 
Bavaria  will  occupy  the  chair. 

The  necessary  officials  will  be  placed  at  the  disposal  of 
these  Committees. 

ARTICLE  IX.  Every  member  of  the  Council  of  the 
Confederation  has  the  right  to  appear  in  the  Imperial 
Diet,  and  must  at  his  desire  at  all  times  be  heard,  in  order 
to  represent  the  views  of  his  Government,  even  when  these 
views  have  not  been  adopted  by  the  majority  of  the  Council 
of  the  Confederation.  No  one  may  at  the  same  time  be 
a  member  of  the  Council  of  the  Confederation  and  of  the 
Imperial  Diet. 

ARTICLE  X.  The  Emperor  is  bound  to  afford  the  usual 
diplomatic  protection  to  the  members  of  the  Council  of 
the  Confederation. 

IV.  The  Presidency. 

ARTICLE  XI.  The  Presidency  of  the  Confederation 
belongs  to  the  King  of  Prussia,  who  bears  the  name  of 
German  Emperor.  The  Emperor  has  to  represent  the  Empire 
internationally,  to  declare  war,  and  to  conclude  peace  in 
the  name  of  the  Empire,  to  enter  into  alliances  and  other 
Treaties  with  Foreign  Powers,  to  accredit  and  to  receive 
Ambassadors. 

The  consent  of  the  Council  of  the  Confederation  is 
necessary  for  the  declaration  of  war  in  the  name  of  the 
Empire,  unless  an  attack  on  the  territory  or  the  coast  of 
the  Confederation  has  taken  place. 

In  so  far  as  Treaties  with  Foreign  States  have  reference 
to  affairs  which,  according  to  Article  IV,  belong  to  the 
jurisdiction  of  the  Imperial  Legislation,  the  consent  of 
the  Council  of  the  Confederation  is  requisite  for  their 
conclusion,  and  the  sanction  of  the  Imperial  Diet  for  their 
coming  into  force. 


294  THE  FRANCO-GERMAN  WAR 

ARTICLE  XII.  The  Emperor  has  the  right  to  summon, 
to  open,  to  prorogue,  and  to  close  both  the  Council  of  the 
Confederation  and  the  Imperial  Diet. 

ARTICLE  XIII.  The  summoning  of  the  Council  of  the 
Confederation,  and  of  the  Imperial  Diet,  takes  place  once 
each  year,  and  the  Council  of  the  Confederation  can  be 
called  together  for  preparation  of  business  without  the 
Imperial  Diet  being  likewise  summoned,  whereas  the  latter 
cannot  be  summoned  without  the  Council  of  the  Confedera- 
tion. 

ARTICLE  XIV.  The  Council  of  the  Confederation  must 
be  summoned  whenever  one-third  of  the  votes  require  it. 

ARTICLE  XV.  The  presidency  in  the  Council  of  the 
Confederation  and  the  direction  of  the  business  belongs  to 
the  Chancellor  of  the  Empire,  who  is  to  be  appointed  by 
the  Emperor. 

The  Chancellor  of  the  Empire  can  be  represented,  on  his 
giving  written  information  thereof,  by  any  other  member 
of  the  Council  of  the  Confederation. 

ARTICLE  XVI.  The  requisite  motions,  in  accordance  with 
the  votes  of  the  Council  of  the  Confederation  will  be  brought 
before  the  Imperial  Diet  in  the  name  of  the  Emperor, 
where  they  will  be  supported  by  members  of  the  Council 
of  the  Confederation,  or  by  particular  Commissioners 
nominated  by  the  latter. 

ARTICLE  XVII.  The  expedition  and  proclamation  of 
the  laws  of  the  Empire,  and  the  care  of  their  execution, 
belongs  to  the  Emperor.  The  Orders  and  Decrees  of  the 
Emperor  are  issued  in  the  name  of  the  Empire  and  require 
for  their  validity  the  counter-signature  of  the  Chancellor 
of  the  Empire,  who  thereby  undertakes  the  responsibility. 
ARTICLE  XVIII.  The  Emperor  nominates  the  Imperial 
officials,  causes  them  to  be  sworn  for  the  Empire,  and, 
when  necessary,  decrees  their  dismissal. 

The  officials  of  any  State  of  the  Confederation,  when 
appointed  to  any  Imperial  office,  are  entitled  to  the  same 
rights  with  respect  to  the  Empire,  as  they  would  enjoy 
from  their  official  position  in  their  own  country,  excepting 
in  such  cases  as  have  otherwise  been  provided  for  by  the 
Imperial  Legislation  before  their  entrance  into  the  Imperial 
service. 

ARTICLE  XIX.  Whenever  members  of  the  Confederation 
do  not  fulfil  their  Constitutional  duties  towards  the  Con- 


CONSTITUTION  OF  GERMAN  EMPIRE      295 

federation,  they  may  be  constrained  to  do  so  by  way  of 
execution.  Such  execution  must  be  decreed  by  the  Council 
of  the  Confederation,  and  be  carried  out  by  the  Emperor. 

V.  Imperial  Diet. 

ARTICLE  XX.  The  Imperial  Diet  is  elected  by  universal 
and  direct  election  with  secret  votes. 

Until  the  legal  arrangement  reserved  in  §  5  of  the  Election 
Laws  of  3ist  May,  1869  (Federal  Law  Gazette,  1869,  page 
145),  has  been  made,  there  are  to  be  elected — in  Bavaria, 
48  ;  in  Wurtemberg,  17 ;  in  Baden,  14 ;  Hesse,  south  of 
the  Main,  6  members,  and  the  total  number  of  the  members 
consists,  therefore,  of  382. 

ARTICLE  XXI.  Officials  do  not  require  any  leave  of 
absence  on  entering  into  the  Imperial  Diet. 

If  any  member  of  the  Imperial  Diet  accepts  of  any 
salaried  appointment  of  the  Empire,  or  of  any  State  of 
the  Confederation,  or  enters  into  any  Imperial  or  State 
office  to  which  a  higher  rank,  or  higher  salary  is  attached, 
he  loses  his  seat  and  service  in  the  Diet,  and  can  only 
regain  his  position  in  the  same  by  re-election. 

ARTICLE  XXII.  The  proceedings  of  the  Imperial  Diet 
are  public. 

Accurate  reports  of  the  proceedings  in  the  public  sittings 
of  the  Imperial  Diet  are  free  from  any  responsibility. 

ARTICLE  XXIII.  The  Imperial  Diet  has  the  right  to 
propose  laws  within  the  competency  of  the  Empire,  and  to 
forward  Petitions  which  have  been  addressed  to  it  to  the 
Council  of  the  Confederation,  or  to  the  Chancellor  of  the 
Empire. 

ARTICLE  XXIV.  The  Legislative  Period  of  the  Imperial 
Diet  is  3  years.  For  a  Dissolution  of  the  Imperial  Diet 
within  this  time,  a  Resolution  of  the  Council  of  the  Con- 
federation, with  the  Assent  of  the  Emperor,  is  requisite. 

ARTICLE  XXV.  In  case  of  a  Dissolution  of  the  Imperial 
Diet,  the  Meeting  of  the  Electors  must  be  called  within 
a  period  of  60  days  after  such  dissolution,  and  within 
a  period  of  90  days  the  Imperial  Diet  must  be  summoned. 

ARTICLE  XXVI.  Without  the  assent  of  the  Imperial 
Diet  the  Prorogation  of  the  same  may  not  be  extended 
over  30  days,  and  it  can  never  be  repeated  during  the  same 
session. 


296  THE  FRANCO-GERMAN  WAR 

ARTICLE  XXVII.  The  Imperial  Diet  scrutinizes  the 
legality  of  the  credentials  of  its  Members,  and  decides  there- 
on. It  regulates  its  own  method  of  business  and  discipline 
by  a  business-order,  and  elects  its  President,  Vice-Presidents, 
and  Secretaries. 

ARTICLE  XXVIII.  The  Imperial  Diet  decides  by  abso- 
lute Majority  of  Votes.  The  presence  of  a  majority  of  the 
legal  number  of  the  members  is  necessary  for  the  validity 
of  a  resolution. 

In  Voting  on  a  matter  which,  according  to  the  stipulations 
of  this  Constitution,  is  not  common  to  the  whole  Empire, 
only  the  votes  of  those  members  will  be  counted  who  have 
been  elected  in  those  Confederate  States  to  which  the 
matter  is  common. 

ARTICLE  XXIX.  The  Members  of  the  Imperial  Diet  are 
Representatives  of  the  entire  people,  and  are  not  bound  by 
orders  and  instructions. 

ARTICLE  XXX.  No  Member  of  the  Imperial  Diet  can 
at  any  time  be  proceeded  against,  either  judicially  or  by 
way  of  discipline,  on  account  of  his  votes,  or  for  expressions 
made  use  of  in  the  exercise  of  his  functions,  nor  can  he 
be  made  responsible  in  any  other  way  out  of  the  Assembly. 

ARTICLE  XXXI.  Without  the  assent  of  the  Imperial 
Diet,  no  Member  of  the  same  may  be  placed  under  examina- 
tion or  arrested  during  the  period  of  the  Session  for  any 
deed  subject  to  punishment,  except  when  taken  in  the 
fact,  or  in  the  course  of  the  following  day. 

The  same  assent  is  needful  in  arrest  for  debt. 

At  the  requisition  of  the  Imperial  Diet,  every  correctional 
procedure  against  a  Member  of  the  same,  and  all  investiga- 
tions or  civil  arrests  must  be  relinquished  for  the  duration 
of  the  period  of  the  Session. 

ARTICLE  XXXII.  The  Members  of  the  Imperial  Diet 
must  not  receive  any  Salary  or  Indemnification  in  that 
capacity. 

VI.  Customs  and  Commercial  Affairs. 

ARTICLE  XXXIII.  Germany  forms  one  Customs  and 
Commercial  Territory,  encircled  by  a  common  Customs 
frontier.  Those  separate  parts  of  Territory  are  excluded 
which,  from  their  position,  are  not  adapted  for  inclusion 
in  the  Customs  frontier. 

All  articles  of  free  trade  in  any  one  of  the  States  of  the 


CONSTITUTION  OF  GERMAN  EMPIRE      297 

Confederation  may  be  introduced  into  any  other  State  of 
the  Confederation,  and  can  only  be  subjected  to  a  duty 
in  the  latter  in  so  far  as  similar  articles  produced  in  that 
State  are  subject  to  a  home  duty. 

ARTICLE  XXXIV.  The  Hanseatic  towns  Bremen  and 
Hamburg,  with  so  much  of  their  own  or  of  the  adjacent 
Territory  as  may  be  needful  for  the  purpose,  remain  as 
free  ports  outside  the  common  Customs  frontier  until 
they  apply  to  be  admitted  therein. 

ARTICLE  XXXV.  The  Empire  has  the  sole  right  of 
Legislation  in  all  Custom-house  affairs,  in  the  taxation  of 
Salt  and  Tobacco  produced  in  the  Territories  of  the  Con- 
federation, Beer,  and  Spirit,  and  Sugar,  and  Syrup,  or  other 
home  productions  made  from  beetroot,  in  the  reciprocal 
protection  of  consumption  duties  raised  in  the  separate 
States  of  the  Confederation  against  defraudations,  as  well 
as  in  such  measures  as  the  Customs  Committees  may  find 
requisite  for  the  security  of  the  common  Customs  frontier. 

In  Bavaria,  Wurtemberg,  and  Baden,  the  Taxation  of 
the  native  Spirit  and  Beer  remains  for  the  present  subject 
to  the  laws  of  the  land.  But  the  States  of  the  Confederation 
will  direct  their  efforts  to  bring  about  an  assimilation  in 
the  taxation  of  these  articles  likewise. 

ARTICLE  XXXVI.  The  Collection  and  Administration 
of  the  Duties  and  Consumption  Taxes  (Article  XXXV) 
remain  in  the  hands  of  each  State  of  the  Confederation, 
within  its  own  Territory,  in  so  far  as  they  have  hitherto 
been  so. 

The  Emperor  watches  over  the  observance  of  the  legal 
procedure  through  Imperial  officials,  whom  he  attaches 
to  the  Customs  or  Excise  offices,  and  to  the  directing 
authorities  of  the  separate  States,  according  to  the  advice 
of  the  Committee  of  the  Council  of  the  Confederation  for 
Customs  and  Excise  affairs. 

Information  given  by  these  officials  as  to  defects  in  the 
execution  of  the  common  legislation  (Article  XXXV)  will 
be  laid  before  the  Council  of  the  Confederation  for  decision. 

ARTICLE  XXXVII.  In  decisions  relative  to  the  adminis- 
trative instructions  and  arrangements  (Article  XXXV)  for 
the  execution  of  the  common  legislation,  the  Presidency 
has  the  casting  vote,  when  it  is  given  for  the  continuance 
of  the  existing  instruction  or  arrangement. 

ARTICLE  XXXVIII.    The  revenue  from  the  Duties  or 


298  THE  FRANCO-GERMAN  WAR 

other  Taxes  mentioned  in  Article  XXXV,  the  latter  in 
so  far  as  they  are  subject  to  the  Imperial  legislation,  flows 
into  the  Imperial  Treasury. 

This  revenue  consists  of  the  whole  income  arising  from 
the  duties  and  other  taxes  after  the  deduction  of : 

1.  The  tax-compensations  and  abatements  according  to 
the  laws  or  the  general  administrative  regulations. 

2.  The  repayments  for  incorrect  levies. 

3.  The  expenses   of   collection  and   administration   as 
follows : 

a.  For  the  Customs,  the  expenses  which  are  requisite 
for  the  protection  and  the  collection  of  the  duties  in  that 
part  of -the  frontiers  situated  towards  foreign  countries 
and  in  the  border  district. 

b.  For  the  Salt  Tax,  the  expenses  which  are  incurred  for 
the  salaries  of  the  officials  who  are  employed  in  the  salt 
works  to  collect  and  control  that  tax. 

c.  For  the  Beet-sugar  and  Tobacco  Tax,  the  compensation 
which,  according  to  the  decisions  of  the  Council  of  the 
Confederation  from  time  to  time,  has  to  be  made  to  the 
several  Federal  Governments  for  the  expenses  incurred  in 
the  administration  of  these  taxes. 

d.  For  the  other  duties  15  per  cent,  of  the  total  income. 
The  Territories  situated  outside  the  common  Customs 

frontier  pay  an  agreed  sum  towards  defraying  the  expenses 
of  the  Empire. 

Bavaria,  Wurtemberg,  and  Baden  do  not  participate 
in  the  income  flowing  into  the  Imperial  Treasury  from  the 
taxes  on  spirits  and  beer,  nor  in  the  corresponding  part  of 
the  above-mentioned  agreed  payment. 

ARTICLE  XXXIX.  The  Quarterly  extracts  which  are 
to  be  made  at  the  end  of  each  quarter  of  the  year  by  the 
collecting  authorities  of  the  Federal  States,  and  the  final 
statements  to  be  made  at  the  end  of  the  year  and  the  close 
of  the  books,  on  the  income  from  duties  and  from  consump- 
tion dues  flowing  into  the  Imperial  Treasury  according 
to  Article  XXXVIII,  falling  due  during  the  quarter,  or 
during  the  financial  year,  are  to  be  collected  into  chief 
summaries,  after  previous  examination,  by  the  directing 
authorities  of  the  Federal  States,  and  therein  each  duty  is 
to  be  separately  shown  ;  these  summaries  are  to  be  sent 
in  to  the  Committee  of  the  Council  of  the  Confederation 
for  financial  affairs. 


CONSTITUTION  OF  GERMAN  EMPIRE      299 

On  the  basis  of  these  summaries  the  said  Committee 
makes  out  preliminarily  every  3  months  the  amount  due 
from  the  Treasury  of  each  State  of  the  Confederation,  to 
the  Imperial  Treasury,  and  communicates  these  amounts 
to  the  Council  of  the  Confederation,  and  to  the  States  of 
the  Confederation ;  it  also  presents  the  final  statement  of 
these  amounts  every  year,  with  remarks,  to  the  Council 
of  the  Confederation.  The  Council  of  the  Confederation 
decides  on  this  statement. 

ARTICLE  XL.  The  stipulations  in  the  Zollverein  Treaty 
of  8th  July,  1867,  remain  in  force  in  so  far  as  they  have 
not  been  altered  by  the  provisions  of  this  Constitution, 
and  so  long  as  they  are  not  altered  in  the  way  pointed  out 
in  Article  VII,  or  Article  LXXVIII. 

VII.  Railway  Affairs. 

ARTICLE  XLI.  Railways  which  are  considered  necessary 
for  the  defence  of  Germany,  or  for  the  sake  of  the  common 
intercourse,  may,  by  virtue  of  an  Imperial  law,  even  against 
the  opposition  of  the  members  of  the  Confederation  whose 
Territory  is  intersected  by  the  Railways,  but  without 
prejudice  to  the  prerogatives  of  the  country,  be  constructed 
on  account  of  the  Empire,  or  concessions  to  execute  the 
works  may  be  granted  to  private  contractors,  with  the 
right  of  expropriation. 

Every  existing  Railway  board  of  direction  is  bound  to 
consent  to  the  junction  of  newly-constructed  Railways  at 
the  expense  of  the  latter. 

The  legal  enactments  which  have  granted  a  right  of 
denial  to  existing  Railway  undertakings  against  the  con- 
struction of  parallel  or  competing  lines  are  hereby,  without 
prejudice  to  rights  already  gained,  repealed  for  the  entire 
Empire.  Nor  can  such  a  right  of  denial  be  ever  granted 
again  in  concessions  to  be  issued  hereafter. 

ARTICLE  XLII.  The  Governments  of  the  Confederation 
bind  themselves  to  manage  the  German  Railways  as  a  uni- 
form network  in  the  interest  of  the  common  intercourse, 
and  likewise  for  this  purpose  to  have  all  new  Railways 
which  are  to  be  made,  constructed,  and  fitted  up  according 
to  uniform  rules. 

ARTICLE  XLIII.  For  this  purpose  corresponding  working 
arrangements  are  to  be  adopted  with  all  possible  despatch, 


300  THE  FRANCO-GERMAN  WAR 

particularly  with  regard  to  Railway  Police  Regulations. 
The  Empire  has  likewise  to  take  heed  that  the  Railway 
Boards  keep  the  lines  at  all  times  in  such  a  state  of  repair 
as  to  ensure  safety,  and  that  they  provide  them  with  the 
working  material  necessary  for  the  traffic. 

ARTICLE  XLIV.  The  Railway  Boards  are  bound  to 
introduce  the  necessary  Passenger  Trains  of  the  proper 
speed  for  the  through  traffic,  and  for  the  arrangement  of 
corresponding  journeys,  also  the  requisite  trains  to  provide 
for  the  goods  traffic  ;  likewise,  to  arrange  direct  expeditions 
for  passengers  and  goods  traffic,  with  permission  for  con- 
veying the  means  of  transport  from  one  line  to  the  other 
for  the  usual  payments. 

ARTICLE  XLV.  The  Empire  exercises  the  control  over 
the  Tariffs,  and  will  especially  operate  to  the  end  : 

1.  That  working  regulations,  in  conformity  with  each 
other,  be  introduced  as  soon  as  possible  on  all  German 
railroads } 

2.  That  the  greatest  possible  equalization  and  reduction 
of  the  tariffs  shall  take  place,  and  particularly  for  greater 
distances  an  abatement  of  the  tariffs  for  the  transport  of 
coals,  coke,  timber,  ores,  stones,  salt,  raw  iron,  manures, 
and  similar  articles,  so  as  to  be  more  in  proportion  to  the 
necessities  of  agriculture  and  industry,  and  that  the  one 
pfennig  tariff  may  be  introduced  as  speedily  as  possible. 

ARTICLE  XLVI.  In  times  of  distress,  particularly  when 
an  unusual  dearth  of  the  necessaries  of  life  occurs,  the  rail- 
way boards  are  bound  to  introduce  a  lower  special  tariff 
for  the  transport  of  grain,  meal,  pulse,  and  potatoes,  tem- 
porarily, according  to  the  necessity,  as  will  be  determined 
by  the  Emperor  on  the  proposal  of  the  respective  com- 
mittee of  the  Council  of  the  Confederation,  which  tariff, 
however,  must  not  be  lower  than  the  lowest  rate  already 
existing  for  raw  produce  on  the  respective  line. 

The  above,  as  well  as .  the  stipulations  made  in  the 
Articles  XLII  to  XLV,  are  not  applicable  to  Bavaria. 

But  the  Empire  has  the  right  in  regard  to  Bavaria  like- 
wise to  lay  down,  by  way  of  legislation,  uniform  rules  for 
the  construction  and  fitting  up  of  the  railways  which  are 
of  importance  for  the  defence  of  the  country. 

ARTICLE  XLVII.  The  requisitions  of  the  authorities 
of  the  Empire  relative  to  making  use  of  the  railways  for 
the  purpose  of  the  defence  of  Germany,  must  be  obeyed 


CONSTITUTION  OF  GERMAN  EMPIRE      301 

without  question  by  all  the  railway  boards.  In  particular, 
the  military  and  all  materials  of  war  are  to  be  conveyed 
at  equally  reduced  rates. 

VIII.  Postal  and  Telegraph  Affairs. 

ARTICLE  XLVIII.  The  postal  and  telegraph  affairs 
will  be  arranged  and  administered  for  the  entire  German 
Empire  as  uniform  institutions  for  State  intercourse. 

The  legislation  of  the  Empire  in  postal  and  telegraphic 
affairs,  as  provided  in  Article  IV,  does  not  extend  to  those 
objects,  the  regulation  of  which,  according  to  the  principles 
which  govern  the  North  German  Postal  and  Telegraph 
Administration,  has  been  left  to  definite  rules  or  adminis- 
trative directions. 

ARTICLE  XLIX.  The  revenues  of  the  postal  and  tele- 
graphic  service  are  in  common  for  the  entire  Empire.  The 
expenses  will  be  defrayed  from  the  common  revenues. 
The  surpluses  flow  into  the  Imperial  Treasury  (Section  XII). 

ARTICLE  L.  The  chief  direction  of  the  postal  and  tele- 
graphic administration  belongs  to  the  Emperor.  The  officials 
appointed  by  him  have  the  duty  and  the  right  to  take  care 
that  uniformity  in  the  organization  of  the  administration 
and  in  carrying  on  the  service,  as  well  as  in  the  qualification 
of  the  officials,  be  introduced  and  maintained.. 

The  issue  of  definitive  rules  and  general  administrative 
directions,  as  well  as  the  sole  care  of  the  relations  with  other 
postal  and  telegraphic  offices,  belongs  to  the  Emperor. 

All  the  officials  of  the  postal  and  telegraph  administration 
are  bound  to  obey  the  Imperial  directions.  This  duty  is 
to  be  recorded  in  the  oath  of  service. 

The  appointment  of  the  requisite  principal  officials  for 
the  administrative  authorities  of  the  post  and  telegraphic 
service  in  the  various  districts  (such  as  directors,  coun- 
sellors, chief  inspectors),  likewise  the  appointment  of  the 
officials  acting  as  the  organs  of  the  before-mentioned 
functionaries,  in  the  service  of  supervision,  &c.,  in  the  separ- 
ate districts  (such  as  inspectors,  controllers),  proceeds, 
for  the  whole  territory  of  the  German  Empire,  from  the 
Emperor,  to  whom  these  officials  render  the  oath  of  service. 
Timely  notice  of  the  appointments  in  question,  for  the 
governmental  approbation  and  publication,  will  be  given 
to  the  Governments  of  the  several  States,  so  far  as  their 
territory  is  thereby  concerned. 


302  THE  FRANCO-GERMAN  WAR 

The  other  officials  necessary  for  the  post  and  telegraphic 
service,  as  well  as  all  those  required  for  the  local  or  technical 
business,  therefore  the  officials,  &c.,  acting  at  the  actual 
places  of  business,  will  be  appointed  by  the  respective 
State  Governments. 

Where  there  is  no  independent  State  post  or  telegraph 
administration,  the  provisions  of  the  special  Treaties  form 
the  rule. 

ARTICLE  LI.  In  making  over  the  balance  of  the  postal 
administration  for  general  Imperial  purposes  (Article 
XLIX),  in  consideration  of  the  previous  difference  in  the 
net  incomes  obtained  by  the  State  postal  administrations 
of  the  separate  territories,  the  following  procedure  is  to 
be  observed  for  the  purpose  of  a  corresponding  arrangement 
during  the  undermentioned  period  of  transition. 

From  the  postal  balances  which  have  accrued  in  the 
separate  postal  districts  during  the  5  years,  1861  to  1865, 
an  average  yearly  balance  will  be  calculated,  and  the  share 
which  each  separate  postal  district  has  had  in  the  postal 
balance  thus  shown  for  the  whole  territory  of  the  Empire, 
will  be  fixed  according  to  percentages. 

According  to  the  proportion  ascertained  in  this  manner, 
the  separate  States  will  be  credited  for  the  next  8  years 
after  their  entrance  into  the  postal  administration  of  the 
Empire,  with  such  quotas  as  accrue  to  them  from  the  postal 
balances  produced  in  the  Empire,  in  account  with  their 
other  contributions  for  Imperial  purposes. 

At  the  expiration  of  the  8  years  all  distinctions  cease, 
and  the  postal  balances  will  flow  in  undivided  account 
into  the  Imperial  Treasury,  according  to  the  principle 
set  forth  in  Article  XLIX. 

From  the  quotas  of  the  postal  surplus  thus  ascertained 
during  the  before-mentioned  8  years  for  the  Hanseatic 
towns,  one-half  will  be  placed  beforehand  every  year  at 
the  disposal  of  the  Emperor,  for  the  purpose,  in  the  first 
place,  of  paying  therefrom  the  expenses  for  the  estab- 
lishment of  normal  postal  institutions  in  the  Hanseatic 
towns. 

ARTICLE  LI  I.  The  stipulations  in  the  foregoing  Articles 
XLVIII  to  LI  have  no  application  to  Bavaria  and  Wurtem- 
berg.  In  their  place  the  following  stipulations  are  in  force 
for  those  two  States  of  the  Confederation  : 

To  the  Empire  alone  belongs  the  legislation  as  to  the 


CONSTITUTION  OF  GERMAN  EMPIRE      303 

postal  and  telegraph  privileges,  as  to  the  legal  relations 
between  both  institutions  and  the  public,  as  to  exemptions 
from  postage  and  rates  of  postage,  exclusively,  however,  of 
the  rules  and  tariff  regulations  for  the  home  circulation 
of  Bavaria,  and  of  Wurtemberg  respectively,  likewise  under 
similar  reservation  the  settlement  of  the  fees  for  telegraphic 
correspondence. 

In  the  same  manner  the  regulation  of  the  postal  and 
telegraph  intercourse  with  foreign  countries  belongs  to 
the  Empire,  excepting  the  direct  intercourse  of  Bavaria 
and  of  Wurtemberg  themselves  with  the  neighbouring 
States  which  do  not  belong  to  the  Empire,  the  regulations 
as  to  which  remain  as  stipulated  in  Article  XLIX  of  the 
Postal  Treaty  of  23rd  November,  1867. 

Bavaria  and  Wurtemberg  do  not  participate  in  the 
income  flowing  into  the  Imperial  Treasury  from  the  postal 
and  telegraph  service. 

IX.  Shipping  and  Navigation. 

ARTICLE  LIII.  The  war  navy  of  the  Empire  is  one  united 
navy  under  the  chief  command  of  the  Emperor.  The 
organization  and  composition  thereof  is  the  business  of 
the  Emperor,  who  appoints  the  Naval  officers  and  officials, 
and  into  whose  service  they  and  the  men  are  to  be  sworn. 

The  Harbour  of  Kiel  and  that  of  Jahde  are  Imperial 
military  harbours. 

The  necessary  expenses  for  the  establishment  and  main- 
tenance of  the  war  fleet,  and  the  institutions  in  connexion 
therewith,  are  paid  from  the  Treasury  of  the  Empire. 

The  whole  of  the  maritime  population  of  the  Empire, 
including  engineers  and  shipwrights,  are  free  from  service 
in  the  land  army,  but,  on  the  other  hand,  are  bound  to  serve 
in  the  Imperial  Navy. 

The  apportionment  of  the  recruits  is  arranged  according 
to  the  number  of  the  maritime  population,  and  the  quota 
which  each  State  thus  contributes  is  deducted  from  the 
contingent  to  the  land  army. 

ARTICLE  LIV.  The  merchant  vessels  of  all  the  States 
of  the  Confederation  form  one  undivided  commercial  navy. 

The  Empire  has  to  determine  the  method  of  ascertaining 
the  burden  of  sea-going  vessels,  to  grant  bills  of  admeasure- 
ment, as  well  as  to  regulate  the  ship-certificates,  and  to 


304  THE  FRANCO-GERMAN  WAR 

determine  the  conditions  upon  which  the  permission  to 
command  a  sea-going  vessel  depends. 

The  commercial  ships  of  all  the  States  of  the  Confedera- 
tion will  be  admitted  and  treated  on  equal  terms  in  the 
sea  harbours,  and  in  all  the  natural  and  artificial  waterways 
of  the  separate  States  of  the  Confederation.  The  dues 
to  be  levied  in  the  sea-ports  from  sea-going  vessels  or  their 
cargoes  for  using  the  navigation  appliances  must  not  exceed 
the  expenses  which  are  requisite  for  the  maintenance  and 
ordinary  repairs  of  those  appliances. 

On  all  natural  waterways  dues  may  only  be  levied  for 
the  use  of  such  appliances  as  are  especially  intended  for 
the  furtherance  of  traffic.  These  dues,  as  well  as  the  dues 
payable  for  making  use  of  such  artificial  waterways  as  are 
State  property,  must  not  exceed  the  expenses  which  are 
requisite  for  the  maintenance  and  ordinary  repairs  of  such 
erections  and  works.  These  regulations  are  also  applicable 
to  floatage  so  far  as  it  takes  place  on  navigable  waterways. 

The  imposition  of  other  or  higher  dues  on  foreign  ships, 
or  their  cargoes,  than  those  paid  by  the  ships  of  the  Federal 
States  does  not  belong  to  any  single  State,  but  solely  to 
the  Empire. 

ARTICLE  LV.  The  Flag  of  the  navy  and  of  the  merchant- 
shipping  is  black,  white,  and  red. 


X.  Consular  Service. 

ARTICLE  LVI.  The  whole  of  the  Consular  service  of  the 
German  Empire  is  under  the  superintendence  of  the  Em- 
peror, who  appoints  the  Consuls  after  consultation  with 
the  Committee  of  the  Council  of  the  Confederation  for 
Commerce  and  Traffic. 

Within  the  official  district  of  the  German  Consuls  no  new 
Consulates  for  separate  States  may  be  erected.  The  German 
Consuls  exercise  the  functions  of  a  national  Consul  for  any 
State  of  the  Confederation,  not  represented  in  their  district. 
The  whole  of  the  existing  Consulates  for  separate  States 
are  to  be  abolished  as  soon  as  the  organization  of  the 
German  Consulates  is  so  completed,  that  the  representation 
of  the  interests  of  all  the  States  of  the  Confederation  is 
recognized  by  the  Council  of  the  Confederation  as  secured 
by  the  German  Consulates. 


CONSTITUTION  OF  GERMAN  EMPIRE       305 

XI.  Military  Affairs  of  the  Empire. 

ARTICLE  LVII.  Every  German  is  liable  to  military 
service,  and  cannot  have  that  service  performed  by  sub- 
stitute. 

ARTICLE  LVIII.  The  expenses  and  burdens  of  the  whole 
of  the  military  affairs  of  the  Empire  are  to  be  borne  equally 
by  all  of  the  States  of  the  Confederation  and  those  belonging 
to  them,  so  that  no  preferences,  or  overburdening  of  any 
single  States  or  classes,  are  in  principle  admissible.  Where 
an  equal  division  of  the  burdens  is  not  practicable  in  natura, 
without  prejudice  to  the  public  welfare,  the  matter  is  to 
be  arranged  on  the  principles  of  equity  by  means  of  legisla- 
tion. 

ARTICLE  LIX.  Every  German  capable  of  service  belongs 
for  7  years  to  the  standing  army,  as  a  rule  from  the  comple- 
tion of  the  2oth  to  the  commencement  of  the  28th  year  of 
his  age ;  that  is,  for  the  first  3  of  these  years  with  the 
standards,  and  for  the  last  4  years  in  the  reserve ;  then 
for  the  following  5  years  of  his  life  to  the  Landwehr.  In 
those  States  of  the  Confederation  wherein  hitherto  a  longer 
period  than  12  years  of  service  altogether  has  been  legal, 
the  gradual  reduction  of  such  service  can  only  take  place 
in  so  far  as  regard  for  the  readiness  for  war  of  the  Imperial 
army  permits"  it. 

With  respect  to  the  emigration  of  the  reserve  men  only 
those  regulations  are  to  be  applied  which  are  in  force  for 
the  emigration  of  the  Landwehr  men. 

ARTICLE  LX.  The  effective  strength  of  the  German 
army  in  peace  is  fixed  till  the  3ist  December,  1871,  at  one 

Eer  cent,  of  the  population  of  the  year  1867,  and  the  separate 
tates  of  the  Confederation  supply  it  pro  rata  thereof. 
Subsequently  the  effective  strength  of  the  army  in  peace 
will  be  determined  by  Imperial  legislation. 

ARTICLE  LXI.  After  the  publication  of  this  Constitution 
the  whole  Prussian  Military  Code  of  Laws  is  to  be  intro- 
duced throughout  the  Empire  without  delay,  both  the  laws 
themselves  and  the  regulations,  instructions,  and  rescripts 
issued  for  the  explanation  and  completion  thereof,  especially 
therefore  the  Military  Penal  Code  of  the  3rd  April,  1845 ; 
the  Military  Court-martial  Regulations  of  the  3rd  April, 
1845  ;  the  Ordinance  upon  Courts  of  Honour  of  the  20th 
July,  1843  ;  the  regulations  upon  recruiting,  time  of  service, 


306  THE  FRANCO-GERMAN  WAR 

allowance  and  maintenance  affairs,  billeting,  compensa- 
tions for  damages  to  agriculture,  mobilization,  &c.,  for 
war  and  peace.  The  military  Church  ritual  is,  however, 
excluded. 

After  the  uniform  war  organization  of  the  German  army 
has  been  effected,  a  comprehensive  Military  Law  for  the 
Empire  will  be  laid  before  the  Imperial  Diet  and  the  Council 
of  the  Confederation  for  their  constitutional  decision. 

ARTICLE  LXII.  To  cover  the  outlay  necessary  for  the 
entire  German  army,  and  the  arrangements  appertaining 
thereunto  until  the  3ist  December,  1871,  there  are  yearly 
to  be  placed  at  the  disposal  of  the  Emperor,  as  many 
times  225  thalers,  in  words  two  hundred  and  twenty-five 
thalers,  as  the  poll-number  of  the  peace  strength  of 
the  army  amounts  to,  according  to  Article  LX.  See 
Section  XII. 

After  the  3ist  December,  1871,  these  contributions  must 
continue  to  be  paid  to  the  Imperial  Treasury  by  each 
State  of  the  Confederation.  For  the  calculation  thereof 
the  effective  strength  in  peace,  as  provisionally  settled  in 
Article  LX,  will  be  taken  as  the  basis  until  it  is  altered  by 
an  Imperial  law. 

The  expenditure  of  this  sum  for  the  entire  Imperial 
Army  and  its  arrangements  will  be  determined  on  by  the 
Estimate  Law. 

In  settling  the  estimates  of  the  military  expenses,  the 
legal  organization  of  the  Imperial  army,  as  laid  down  in 
this  Constitution,  will  be  taken  as  the  basis. 

ARTICLE  LXIII.  The  entire  land  force  of  the  Empire 
will  form  a  single  army,  which  in  war  and  peace  is  under 
the  command  of  the  Emperor. 

The  regiments,  &c.,  bear  running  numbers  for  the  entire 
German  Army.  For  their  clothing,  the  ground  colours 
and  fashion  of  the  Royal  Prussian  army  are  to  be  the 
model.  It  is  left  to  the  chiefs  of  the  respective  con- 
tingents to  determine  the  external  marks  of  distinction 
(cockades,  &c.). 

It  is  the  duty  and  the  right  of  the  Emperor  to  take  care 
that  all  the  divisions  of  troops  within  the  German  army 
are  numerically  complete  and  effective  for  war,  and  that 
unity  in  the  organization  and  formation,  in  the  armament 
and  command,  in  the  training  of  the  men,  as  well  as  in 
the  qualifications  of  the  officers,  be  established  and  main- 


CONSTITUTION  OF  GERMAN  EMPIRE      307 

tained.  For  this  purpose  the  Emperor  has  the  right  to 
convince  himself  of  the  condition  of  the  separate  contingents 
at  all  times  by  inspection,  and  to  order  the  reformation 
of  any  defects  thereby  discovered. 

The  Emperor  determines  the  effective  strength,  the 
division  and  arrangement  of  the  contingents  of  the  Imperial 
army,  as  well  as  the  organization  of  the  Landwehr ;  he  also 
has  the  right  of  determining  the  garrisons  within  the  terri- 
tories of  the  Confederation,  and  to  order  the  embodiment 
of  any  part  of  the  Imperial  army  in  a  state  of  preparation 
for  war. 

For  the  purpose  of  keeping  up  the  indispensable  uni- 
formity in  the  administration,  maintenance,  armament, 
and  equipment  of  all  the  divisions  of  troops  of  the  German 
army,  the  orders  issued  thereon  in  future  for  the  Prussian 
army  will  be  communicated  in  a  suitable  manner,  through 
the  Committee  for  the  Land  Army  and  Fortresses  men- 
tioned in  Article  VIII,  No.  i,  to  the  commanders  of  the  other 
contingents  for  observance. 

ARTICLE  LXIV.  All  German  troops  are  bound  to  obey 
the  commands  of  the  Emperor  unconditionally.  This  duty 
is  to  be  specified  in  the  Banner-oath. 

The  Commander-in-Chief  of  a  contingent,  likewise  all 
officers  who  command  Troops  of  more  than  one  contingent, 
and  all  commanders  of  Fortresses  are  appointed  by  the 
Emperor.  The  officers  appointed  by  the  Emperor  take 
the  Banner-oath  to  him.  The  appointments  of  Generals 
and  officers  acting  as  Generals  within  the  contingents  are 
at  all  times  subject  to  the  approbation  of  the  Emperor. 

The  Emperor  has  the  right,  for  purposes  of  transposition, 
with  or  without  promotion,  to  select  for  such  appointments 
as  are  to  be  made  by  him  in  the  Imperial  service,  whether 
in  the  Prussian  Army  or  in  other  contingents,  from  the 
officers  of  all  the  contingents  of  the  Imperial  Army. 

ARTICLE  LXV.  The  right  of  erecting  Fortresses  within 
the  Territories  of  the  Confederation  belongs  to  the  Emperor, 
who  proposes,  according  to  Section  XII,  the  grant  of  the 
necessary  means  for  the  purpose,  in  so  far  as  they  are  not 
provided  for  in  the  ordinary  Estimates. 

ARTICLE  LXVI.  Where  nothing  to  the  contrary  is  stipu- 
lated by  particular  Conventions,  the  Sovereigns  of  the 
Confederation,  or  the  Senates,  appoint  the  Officers  of  their 
Contingents,  subject  to  the  restriction  of  Article  LXIV. 

X  2 


308  THE  FRANCO-GERMAN  WAR 

They  are  the  chiefs  of  all  the  divisions  of  troops  belonging, 
to  their  Territories,  and  enjoy  the  honours  connected  there- 
with. They  have  especially  the  right  of  inspection  at  all 
times,  and  receive,  besides  the  regular  reports  and  announce- 
ments of  alterations  which  take  place,  timely  information,  for 
the  purpose  of  Governmental  publication,  of  all  promotions 
or  nominations  among  the  respective  divisions  of  the 
Troops. 

Likewise,  they  have  the  right  to  make  use,  for  purposes 
of  Police,  not  only  of  their  own  Troops,  but  also  to  make 
requisition  for  any  other  division  of  Troops  of  the  Imperial 
Army  which  may  be  located  in  their  Territories. 

ARTICLE  LXVII.  Savings  from  the  Military  Estimate 
do  not  belong  under  any  circumstances  to  a  single  Govern- 
ment, but  at  all  times  to  the  Imperial  Treasury. 

ARTICLE  LXVIII.  The  Emperor  may,  when  the  public 
safety  is  threatened  in  the  Territories  of  the  Confederation, 
declare  any  part  thereof  to  be  in  a  State  of  War.  Until 
the  promulgation  of  an  Imperial  law,  which  will  regulate 
the  premisses,  the  form  of  publication,  and  the  effects 
of  such  a  Declaration,  the  rules  of  the  Prussian  law  of 
4th  June,  1851,  remain  in  force.  (Collection  of  Laws  for 
1851,  page  451,  6-  seq.) 

Final  Stipulation  to  Section  XI. 

The  provisions  contained  in  this  section  come  into  force 
in  Bavaria  according  to  the  special  stipulations  of  the 
Treaty  of  Confederation  of  23rd  November,  1870  (Federal 
Law  Gazette,  1871,  page  9),  under  III,  §  5,  and  in  Wurtem- 
berg,  according  to  the  special  stipulations  of  the  Military 
Convention  of  ^  November,  1870.  (Federal  Law  Gazette, 
1870,  page  658.) 

XII.  Finances  of  the  Empire. 

ARTICLE  LXIX.  All  the  Receipts  and  Disbursements  of 
the  Empire  must  be  estimated  for  each  year,  and  be  brought 
into  the  Imperial  Estimates.  These  are  to  be  fixed  by  a  law 
before  the  beginning  of  the  financial  year,  according  to 
the  following  principles. 

ARTICLE  LXX.  To  provide  for  all  common  expenses, 
any  balances  of  the  preceding  year  are  first  of  all  em- 
ployed, and  likewise  the  common  Revenues  derived  from 


CONSTITUTION  OF  GERMAN  EMPIRE      309 

the  Duties,  the  common  Consumption  Taxes,  and  from 
the  Postal  and  Telegraph  Services.  In  so  far  as  they 
cannot  be  provided  for  by  these  Revenues,  they  are,  as 
long  as  Imperial  Taxes  are  not  introduced,  to  be  met  by 
contributions  from  the  single  States  of  the  Confederation, 
in  proportion  to  their  population,  which  contributions  to 
the  amount  estimated  in  the  Budget  will  be  estimated 
by  the  Chancellor  of  the  Empire. 

ARTICLE  LXXI.  The  common  Disbursements  are,  as  a 
rule,  voted  for  one  year ;  they  may,  however,  in  particular 
cases,  be  voted  for  a  longer  period. 

During  the  time  of  transition  mentioned  in  Article  LX, 
the  Estimates  of  Expenditure  for  the  Army,  arranged 
under  heads,  are  to  be  laid  before  the  Council  of  the  Con- 
federation and  the  Imperial  Diet  only  for  their  information 
and  remembrance. 

ARTICLE  LXXI  I.  The  Chancellor  of  the  Empire  is  to 
give  account  yearly  to  the  Council  of  the  Confederation  and 
to  the  Imperial  Diet  of  the  application  of  all  the  incomes 
of  the  Empire,  for  discharge  of  responsibility. 

ARTICLE  LXXIII.  In  cases  of  extraordinary  require- 
ments, the  Contracting  of  a  Loan,  also  the  undertaking 
of  a  Guarantee  on  account  of  the  Empire,  may  take  place 
in  the  way  of  Imperial  legislation. 

Final  Stipulation  to  Section  XII. 

To  the  Expenditure  for  the  Bavarian  Army,  Articles 
LXIX  and  LXXI  are  only  applicable  in  conformity  with 
the  stipulations  of  the  Treaty  of  23rd  November,  1870, 
mentioned  in  the  final  stipulation  to  Section  XI  and 
Article  LXXII,  only  so  far  that  the  assignment  to  Bavaria 
of  the  sums  necessary  for  the  Bavarian  Army  is  to  be  notified 
to  the  Council  of  the  Confederation  and  to  the  Imperial 
Diet. 

XIII.  Settlement  of  Differences  and  Penal  Stipulations. 

ARTICLE  LXXIV.  Every  undertaking  against  the 
existence,  the  integrity,  the  safety,  or  the  Constitution  of 
the  German  Empire  ;  finally,  insulting  the  Council  of  the 
Confederation  or  the  Imperial  Diet,  or  a  member  of  the 
Council  of  the  Confederation  or  of  the  Imperial  Diet,  or 
any  authority,  or  a  public  functionary  of  the  Empire,  whilst 


310  THE  FRANCO-GERMAN  WAR 

in  the  exercise  of  their  vocation,  or  in  reference  to  their 
vocation,  by  word,  in  writing,  printing,  drawing,  figurative, 
or  other  representation,  will  be  sentenced  and  punished 
in  the  separate  States  of  the  Confederation,  according  to 
the  existing  law,  or  the  laws  which  may  in  future  be  enacted 
there,  in  pursuance  of  which  a  similar  offence  committed 
against  that  separate  State  of  the  Confederation,  its 
Constitution,  its  Chambers,  or  Diet,  the  members  of  its 
Chambers  or  Diet,  its  authorities  or  functionaries,  would 
be  punished. 

ARTICLE  LXXV.  For  those  undertakings  against  the 
German  Empire,  mentioned  in  Article  LXXIV,  which, 
if  they  had  been  undertaken  against  one  of  the  separate 
States  of  the  Confederation,  would  be  qualified  as  High 
Treason,  or  Treason  against  the  Country,  the  Common 
Upper  Court  of  Appeal  of  the  three  Free  and  Hanseatic 
Towns,  at  Lubeck,  is  the  competent  deciding  authority 
in  first  and  last  instance. 

The  special  regulations  as  to  the  competency  and  the 
procedure  of  the  Upper  Court  of  Appeal  are  to  be  settled 
by  way  of  Imperial  legislation.  Until  the  promulgation 
of  an  Imperial  law, .the  competency  of  the  Courts  in  the 
separate  States  of  the  Confederation,  and  the  provisions 
relative  to  the  procedure  of  these  Courts,  remain  as  they 
have  hitherto  been. 

ARTICLE  LXXVI.  Differences  between  various  States 
of  the  Confederation,  in  so  far  as  they  are  not  of  a  private 
legal  nature,  and  therefore  to  be  decided  by  the  competent 
judicial  authorities,  will,  at  the  suit  of  one  of  the  parties, 
be  settled  by  the  Council  of  the  Confederation. 

Constitutional  differences  in  those  States  of  the  Con- 
federation in  whose  constitution  no  authority  for  settling 
such  disputes  is  provided  are  to  be  amicably  arranged  by 
the  Council  of  the  Confederation  at  the  suit  of  one  of  the 
parties,  or  if  this  should  not  succeed,  they  are  to  be  settled 
by  way  of  Imperial  legislation. 

ARTICLE  LXXVII.  If,  in  a  State  of  the  Confederation, 
the  case  of  a  refusal  of  justice  should  occur,  and  sufficient 
aid  cannot  be  obtained  by  way  of  law,  it  is  the  duty  of  the 
Council  of  the  Confederation  to  take  cognizance  of  the 
complaints  as  to  the  refused  or  hindered  administration 
of  the  law  when  proved  according  to  the  Constitution  and 
existing  laws  of  the  respective  State  of  the  Confederation, 


CONSTITUTION  OF  GERMAN  EMPIRE      311 

and  thereupon  to  cause  the  Government  of  the  Confederate 
State  which  has  given  occasion  for  the  complaint,  to  afford 
judicial  aid. 

XIV.  General  Stipulations. 

ARTICLE  LXXVIII.  Alterations  in  the  Constitution 
take  place  by  way  of  legislation.  They  are  considered  as 
rej  ected  if  they  have  14  votes  in  the  Council  of  the  Confedera- 
tion against  them. 

Those  provisions  of  the  Constitution  of  the  Empire,  by 
which  certain  rights  are  established  for  Separate  States 
of  the  Confederation  in  their  relation  to  the  community, 
can  only  be  altered  with  the  consent  of  the  State  of  the 
Confederation  entitled  to  those  rights. 


CHAPTER  XI 
TURKEY,  RUSSIA,  AND  THE  BALKAN  STATES 

Russians'  interest  in  foreign  affairs  —  Gorchakov  —  Denunciation 
of  the  Black  Sea  Convention  —  Gorchakov's  Circular  —  Franco- 
German  War  —  Rapprochement  of  Russia  and  Prussia  —  Protest 
of  Great  Britain  against  Denunciation  —  The  Treaty  of  London, 
1 87 1  —  Reasons  for  the  changes  made  —  The  European  Commis- 
sion of  the  Danube  —  Turkey  in  the  Concert  of  Europe  —  Freedom 
from  external  interference  —  The  Andrassy  Note  —  Bulgarian 
Atrocities  —  Conference  of  the  Powers  at  Constantinople  — 
Russo-Turkish  War,  1877-8  —  Treaty  of  San  Stefano — Alliance 
of  Great  Britain  and  Turkey  —  Treaty  of  Berlin  —  Bulgaria 
acquires  Eastern  Rumelia  —  Revolution  of  the  Young  Turks, 
1908  —  Austrian  annexation  of  Bosnia  and  Herzegovina  — 
Bulgarian  Independence  —  Turco-Italian  War  —  Balkan  League 
—  First  Balkan  War  —  Treaty  of  London,  1913  —  Second 
Balkan  War  —  Treaty  of  Bucharest  —  European  War,  1914  — 
Entente  offer  of  guarantee  to  Turkey  —  Goeben  and  Breslau — 
Turkey  enters  the  War. 

Texts  i  The  Treaty  of  London  (1871)  —  The  Treaty  of  Berlin 
(1878)  —  The  Treaty  of  London  (1913)  —  The  Treaty  of  Bucharest 
(1913)- 

THE  autocratic  Tsar  Nicholas  I  died  on  March  2,  1855, 
before  the  Crimean  War  was  over.  He  was  succeeded  by 
his  son  Alexander  II,  under  whom  Russia  entered  on 
a  period  of  peaceful  development  and  legal  and  adminis- 
trative reform.  Such  a  period  inevitably  had  the  result  of 
restoring  to  the  Russian  Government  its  feelings  of  dignity 
and  self-respect,  and  of  causing  it  to  remember  with  feel- 
ings of  humiliation  the  restrictions  put  upon  its  freedom 
by  the  Treaty  of  Paris.  It  was  naturally  felt  to  be  unduly 
cramping  to  the  powers  of  a  great  Empire  that  it  should 
be  prevented  from  having  forts  or  arsenals  on  its  own 
Black  Sea  coast,  or  from  keeping  naval  forces  in  those 


GORCHAKOV  313 

waters.  It  should  be  borne  in  mind  also,  that  the  upper 
classes  of  Russia  have  for  a  long  time  been  distinguished 
for  the  keen  and  lively  interest  which  they  take  in  the 
foreign  affairs  of  their  country.  This  is  due  to  the  fact 
that  the  autocratic  Constitution  of  Russia  to  a  great 
extent  excluded  the  educated  classes  from  participating 
in  the  internal  government  of  their  country.  Their  atten- 
tion was  therefore  largely  concentrated  upon  foreign  policy, 
all  the  more  since  an  active  interest  in  this  carried  with  it 
no  such  personal  risks  as  were  involved  in  too  obvious  an 
interest  in  the  domestic  affairs  of  government. 

Alexander  II  had  for  his  chief  minister  Prince  Alexander 
Gorchakov,  descended  from  an  ancient  and  distinguished 
family.  Gorchakov's  knowledge  of  foreign  affairs  was 
unrivalled,  and  his  prestige  in  the  Chancelleries  of  Europe 
stood  very  high.  In  1870-1  he  was  able  to  carry  out  the 
denunciation  of  the  clauses  of  the  Paris  Treaty  of  1856, 
which  neutralized  the  Black  Sea. 

The  moment  chosen  for  this  dramatic  announcement 
was  October  31,  1870,  when  France,  who,  with  England, 
was  the  great  upholder  of  the  Treaty  of  Paris,  was  involved 
in  the  disastrous  war  with  Germany,  and  had  lost  her  great- 
field  armies  at  Sedan  and  Metz.  Gorchakov's  circular 
to  the  Powers  of  Europe,  announcing  the  repudiation  of 
the  Black  Sea  Convention,  was  dated  four  days  after  the 
capitulation  of  Metz. 

The  grounds  upon  which  Gorchakov  based  his  denuncia- 
tion of  Articles  XI,  XIII,  and  XIV  of  the  Treaty  of  Paris, 
and  the  Convention  of  the  same  date  between  Russia  and 
Turkey  embodying  those  Articles,  were  two  :  first,  that  the 
provisions  of  the  Treaty  of  Paris  had  been  broken  in  other 
respects ;  and  second,  that  the  neutralization  of  the  Black 
Sea  was  unreasonable.  The  first  contention  was  unproved, 
nor  even,  if  true,  would  it  necessarily  have  justified  the 
breaking  of  the  rest  of  the  treaty.  The  second  contention 
— that  the  Black  Sea  neutralization  was  unreasonable — 


314    TURKEY,  RUSSIA,  AND  BALKAN  STATES 

was  a  fair  ground  for  discussion,  and  for  modifying  the 
treaty  by  arrangement  with  the  signatory  and  guaranteeing 
Powers.  But  Gorchakov  took  no  such  course.  His  circular 
of  October  31,  1870,  was  simply  a  curt  notice  of  denuncia- 
tion. 

The  circular  itself  was  not  quite  ingenuous.  It  contended 
that  the  changes  which  had  taken  place  in  Roumania  were 
a  breach  of  the  Treaty  of  Paris.  Article  XXII  of  that 
treaty  stated  that  'the  Principalities  of  Wallachia  and 
Moldavia  shall  continue  to  enjoy  under  the  Suzerainty  of 
the  Porte,  and  under  the  Guarantee  of  the  Contracting 
Powers,  the  Privileges  and  the  Immunities  of  which  they 
are  in  possession '.  These  privileges  had  certainly  been 
increased  since  the  Treaty  of  Paris,  for  the  two  Principali- 
ties had  united  themselves  into  one,  and  had  in  1866 
elected  a  foreign  Prince  in  place  of  the  native  Prince 
Alexander  Couza.  The  Powers  at  first  had  objected  to 
the  election  of  a  Prince  belonging  to  a  foreign  Royal 
House,  but  they  speedily  acquiesced  in  the  election  of 
Prince  Charles  Antony,  of  the  House  of  Hohenzollern- 
Sigmaringen.  This  was  no  breach  of  the  Treaty  of  Paris, 
which  had  secured  to  the  Principalities  their  existing 
privileges,  but  could  not  be  held  perpetually  to  forbid  the 
acquisition  of  new  privileges.  In  any  case,  even  if  modifica- 
tion had  taken  place  in  the  Treaty  of  Paris,  this  could  be 
no  ground  for  Russia  arbitrarily  modifying  other  clauses 
of  it,  without  consulting  the  Powers  who  were  responsible 
with  her  for  the  Treaty. 

The  other  point  in  which  Gorchakov  said  the  Paris 
Treaty  had  been  broken  was  in  the  clause  which  declared 
the  Straits  closed  to  foreign  ships  of  war  when  the  Porte 
was  at  peace.  '  Repeatedly,'  ran  the  circular,  '  and 
under  various  pretexts,  Foreign  Men-of-War  have  been 
suffered  to  enter  the  Straits,  and  whole  Squadrons,  whose 
presence  was  an  infraction  of  the  character  of  absolute 
Neutrality  attributed  to  those  waters,  admitted  to  the 


3i6     TURKEY,  RUSSIA,  AND  BALKAN  STATES 

Black  Sea.' l  No  facts  were  advanced  to  show  that  such 
breaches  of  the  Treaty  of  Paris  had  taken  place,  nor  even 
if  proved  could  they  have  justified  Russia  in  denouncing 
the  restrictive  clauses,  as  by  Article  XIV  of  the  Paris 
Treaty,  Russia  had  bound  herself  with  the  rest  of  the 
Powers  to  this  effect :  '  It  [i.  e.  the  Black  Sea  Convention] 
cannot  be  either  annulled  or  modified  without  the  assent 
of  the  Powers  signing  the  present  Treaty.' 

Gorchakov  further  contended  in  the  circular  of  October 
31, 1870,  that  the  restrictions  were  unreasonable,  and  based 
upon  an  unjustifiable  distrust  of  the  Russian  Government. 
The  restrictions,  he  wrote,  were  unreasonable,  because, 
'  while  Russia  was  disarming  in  the  Black  Sea,  .  .  .  and 
likewise  loyally  deprived  herself  of  the  possibility  of  taking 
measures  for  an  effectual  Maritime  Defence  in  the  adjoin- 
ing Seas  and  Ports,  Turkey  preserved  her  privilege  of  main- 
taining unlimited  Naval  Forces  in  the  Archipelago  and  the 
Straits  ;  France  and  England  preserved  their  power  of 
concentrating  their  squadrons  in  the  Mediterranean  '.  In 
the  same  way  it  was  pointed  out  that  the  Straits  were 
only  closed  by  the  Treaty  of  Paris  when  the  Porte  was  at 
peace.  In  time  of  war,  the  Porte  could  let  the  navies 
of  any  hostile  Power  into  the  unguarded  Black  Sea,  to 
the  undefended  coast  of  Russia.  This  danger  was  all  the 
greater,  as  steamships  had  replaced  sailing  ships  in  the 
navies  of  the  world  since  the  Treaty  of  1856.  A  swift 
attack  upon  Russia's  unprotected  Black  Sea  coast  might 
be  arranged  at  any  moment. 

Stated  thus,  the  neutralization  of  the  Black  Sea  appeared 
to  be  not  altogether  fair  to  Russia,  and  Gorchakov  had 
a  good  case  with  which  to  approach  the  signatory  Powers 
with  proposals  for  its  amendment.  Unfortunately  he  took 
no  such  course,  and  therefore  struck  a  blow  at  the  respect 
for  treaties  and  the  public  faith  of  Europe. 

For  the  purposes  of  Russia,  the  time  was  well  chosen. 
>  Hertslet,  vol.  iii,  No.  429,  p.  1894. 


RUSSIA  AND  PRUSSIA  317 

France,  as  before  mentioned,  was  already  invaded,  and  had 
lost  both  fortresses  and  armies ;  the  Empire  had  fallen,  and 
Paris  had  been  invested.  Obviously  the  French  Provisional 
Government  had  no  attention  to  spare  for  the  Eastern 
Question.  Victorious  Germany  might  have  thrown  its 
weight  on  the  side  of  justice,  and  have  striven  for  the 
maintenance  of  the  Treaty  of  Paris  or  for  its  modification 
by  consent  of  .the  signatories.  But  the  Prussian  Govern- 
ment, far  from  doing  this,  actually  favoured  Russia's 
individual  denunciation  of  the  Black  Sea  Convention. 
Gorchakov  and  Bismarck  had  been  friends  since  1851, 
when  Gorchakov  was  Russian  minister  to  the  Diet  of  the 
Germanic  Confederation  at  Frankfort.  In  1858  Bismarck 
was  sent  to  Petrograd  as  Prussian  ambassador,  and  remained 
there  four  years.  Gorchakov,  as  Minister  of  Foreign  Affairs, 
naturally  came  into  still  closer  relations  with  Bismarck. 
When  Gorchakov  became  Imperial  Chancellor  in  1863, 
there  was  quite  a  rapprochement  between  the  Governments 
of  Russia  and  Prussia.  The  benevolent  neutrality  and 
friendship  of  Russia  was  exceedingly  useful  to  Bismarck, 
when  carrying  out  his  very  delicate  and  risky  arrangements 
with  regard  to  Schleswig-Holstein  in  1863  and  1864.  This 
largely  explains  the  inactivity  of  Great  Britain  during 
that  crisis.  In  the  same  way,  Russian  friendship  gave 
Prussia  a  free  hand  in  the  war  with  Austria  in  1866,  and 
helped  to  keep  Napoleon  III  inactive.  In  1870,  when 
Prussia  invaded  France,  the  Russo-Prussian  rapprochement 
helped  to  ensure  the  neutrality  of  Austria,  which  was 
confidently  expected  by  Napoleon  III  to  intervene  on  his 
behalf.  In  return  for  these  very  substantial  benefits, 
Bismarck  could  do  no  less  than  give  Russia  a  free  hand 
with  regard  to  the  Black  Sea  Convention.  Austria  was  in 
no  condition  to  oppose  the  Russo-Prussian  understanding, 
Italy  was  too  busy  completing  her  unity  by  the  occupation 
of  Rome  (September  20,  1870).  Great  Britain's  protest 
(November  10,  1870)  was  therefore  of  little  avail,  though 


3i8      TURKEY,  RUSSIA,  AND  BALKAN  STATES 

put  with  all  the  logic  and  cogency  which  distinguished 
Lord  Granville's  dispatches.  The  Black  Sea  Convention 
was  denounced,  yet  at  the  same  time  Russia  was  induced 
to  submit  the  matter  to  discussion  at  a  Congress  of  Powers 
held  at  London  in  1871.  Although  the  mischief  had  been 
already  done,  the  Powers  attempted  some  sort  of  vindica- 
tion of  the  principle  of  treaty-obligation.  They  converted 
Russia's  denunciation  into  a  solemn  treaty  (March  13, 
1871),  and  so  put  it  upon  a  regular  footing. 

The  Treaty  annulled  Articles  XI,  XIII,  and  XIV  of  the 
Paris  Treaty  of  1856,  and  the  separate  and  purely  conse- 
quential Black  Sea  Convention  of  the  same  date  ;  Article  XI 
interdicted  the  Black  Sea  to  the  Flag  of  War  of  any  nation ; 
Article  XIII  prohibited  the  maintenance  of  military  or 
maritime  arsenals  on  the  coasts ;  Article  XIV  declared  the 
annexed  Black  Sea  Convention  to  have  the  same  force  as 
if  embodied  in  the  Treaty,  and  also  that  the  Paris  Treaty 
could  not  be  changed  without  the  consent  of  the  signatory 
Powers.  These  Articles  were  replaced  by  a  fresh  one  l 
which  retained  the  principle  of  the  closure  of  the  Straits 
to  foreign  war-ships,  but  which  differed  from  the  provisions 
of  the  1856  Treaty  in  three  important  respects :  (i)  it 
made  no  mention  of  the  neutralization  of  the  Black  Sea, 
where  accordingly  Russia  could  build  navies  and  fortify 
ports ;  (2)  it  permitted  Turkey  to  open  the  Straits  to  foreign 
ships  of  war,  if  the  Porte  should  consider  such  a  course 
necessary  in  order  to  fulfil  the  stipulations  of  the  Paris 
Treaty  of  1856,  in  so  far  as  these  stipulations  were  still  in 
force ;  (3)  the  statement  that  the  Treaty  could  only  be  modi- 
fied with  the  consent  of  the  signatory  Powers  was  omitted. 

The  reasons  for  these  differences  between  the  Treaties 
of  1856  and  1871  were  probably  somewhat  as  follows  : 

i.  That  Russia  should  be  able  to  fortify  its  own  coast 
on  the  Black  Sea,  and  to  maintain  warships  there,  was 
only  reasonable  ;  otherwise,  during  a  war  with  Turkey,  the 
»  Article  II  of  the -Treaty  of  March  13,  1871. 


REASONS  FOR  THE  CHANGES  319 

Black  Sea  coast  of  Russia  would  be  exposed  without  defence 
to  foreign  ships  of  war,  which  the  Porte  could  let  through 
the  Dardanelles.  It  is  true  that  the  Treaty  of  Paris,  by 
interdicting  the  Black  Sea  to  the  ships  of  war  of  any 
Power  (Article  XI),  intended  to  protect  Russia  from  such 
a  contingency.  But  a  state  of  war  between  Russia  and 
a  majority  (including  Turkey)  of  the  signatory  Powers 
would  bring  the  Treaty  of  Paris  practically  into  abeyance, 
and  would  expose  Russia's  Black  Sea  coast  to  immediate 
attack.  Moreover,  there  was  some  inconsistency  between 
Article  XI  of  the  Treaty  of  Paris,  which  neutralized  the 
Black  Sea,  and  Article  I  of  the  annexed  Convention 
(having  the  same  force  as  the  Treaty  of  Paris),  which 
allowed  the  Porte  to  admit  foreign  ships  of  war  to  the 
Dardanelles  and  Bosphorus,  when  the  Porte  itself  was  at 
war.  It  was  of  no  use  to  neutralize  the  Black  Sea  in  one 
Article,  and  in  another  to  authorize  Turkey  to  pass  ships 
of  war  into  it.  The  Treaty  of  1871  was  therefore  consistent 
and  reasonable  :  it  left  Article  I  of  the  Black  Sea  Con- 
vention in  force,  i.e.  the  Straits  were  to  remain  closed 
to  foreign  ships  of  war  while  the  Porte  was  at  peace ; 
and  in  order  that  the  south  coast  of  Russia  and  her  com- 
merce in  the  Black  Sea  might  not  be  at  the  mercy  of  the 
Turks  during  war,  Russia  was  authorized  to  fortify  herself 
there,  and  maintain  a  navy.  Turkey,  of  course,  was  given 
the  same  authorization. 

2.  Turkey  was  not  merely  authorized  to  pass  foreign 
ships  of  war  through  the  Straits  in  time  of  war,  but  also 
(Article  II  of  the  1871  Treaty)  in  time  of  peace,  '  in  case 
the  Sublime  Porte  should  judge  it  necessary  in  order  to 
secure  the  execution  of  the  stipulations  of  the  Treaty  of 
Paris  of  the  30  March  1856 '.  It  is  very  difficult  to  see 
what  stipulations  are  referred  to,  but  the  new  rule  was 
probably  made  to  prevent  Russia  from  contending  (as  she 
did  in  her  circular  of  October  31,  1870)  that  the  Treaty 
of  Paris  had  been  broken,  if  Turkey,  bona  fide,  admitted  a 


320      TURKEY,  RUSSIA,  AND  BALKAN  STATES 

foreign  war-ship  into  the  Straits,  with  a  view,  for  instance, 
to  the  protection  of  foreign  subjects,  during  some  local 
disturbance. 

3.  The  stipulation  of  the  1856  Treaty  (Article  XIV)  that 
it  could  not  be  changed  without  the  consent  of  the  signatory 
Powers  was  omitted,  probably  because  such  a  statement 
was  otiose,  and  seemed  to  imply  that  treaties  which 
contained  no  such  stipulation  could  be  changed  by  one 
party  without  the  consent  of  the  other  party  or  parties.1 

Finally,  the  Treaty  of  1871  contained  certain  Articles 
about  the  Danube.  The  Paris  Treaty  of  1856,2  it  will  be 
remembered,  set  up  a  European  Commission,  to  undertake 
necessary  works  in  the  channels  below  Isatcha.  A  Rive- 
rain Commission  was  also  set  up  (on  paper),  consisting  of 
representatives  of  the  riparian  Powers,  to  deal  with  the 
whole  course  of  the  river.  The  European  Commission  was 
to  do  its  work  and  to  be  dissolved  when  the  work  was 
completed,  as  was  expected  to  happen  within  two  years. 
But  it  had  not  been  dissolved,  and  the  Riverain  Commis- 
sion never  came  into  existence.  The  Treaty  of  1871 
extended  the  duration  of  the  Danube  European  Commission 
to  the  year  1883,  and  by  Article  IV  it  provided  for  the 
assembling,  wrongly  referred  to  as  re-assembling,  of  the 
Riverain  Commission.  But  the  Riverain  Commission  still 
remained  in  abeyance.  While  the  life  of  the  European 
Commission  has  been  extended  from  period  to  period,  the 
execution  of  works  above  its  boundary  (Braila)  has  been 
carried  out  separately  by  the  States  which  are  directly 
interested. 

The  Treaty  of  Paris,  1856,  was  accepted  by  the  Turks 
as  a  great  charter  of  liberty,  securing  the  Porte  from  any 
interference  from  the  troublesome  Powers  of  Europe. 
For  by  the  treaty  the  Powers  had  guaranteed  the  inde- 
pendence and  territorial  integrity  of  Turkey,  had  admitted 

»  Cp.  the  Declaration  signed  at  London,  January  17,  1871  (see 
above,  p.  11.)  *  Article  XVI. 


INTERNAL  AFFAIRS  OF  TURKEY  321 

her  to  the  Concert  of  Europe  (i.e.  had  put  her  upon  the 
same  footing  as  any  other  European  State),  and  had 
solemnly  stated  that  they  had  no  right  '  to  interfere,  either 
collectively  or  separately,  in  the  relations  of  His  Majesty 
the  Sultan  with  his  subjects,  nor  in  the  Internal  Administra- 
tion of  his  Empire  '  (Article  IX). 

It  is  true  that  the  Sultan  had  also  in  Article  IX  of  the 
Treaty  of  Paris  proclaimed  '  his  constant  solicitude  for  the 
welfare  of  his  subjects ',  and  '  his  generous  intentions 
towards  the  Christian  population  of  his  Empire  ',  and  had 
referred  to  the  Firman  (the  Hatti-Hamouin) 1  which  he 
had  issued  in  the  previous  month,  laying  down  an  excellent 
scheme  of  reform.  But  this  Firman,  '  emanating  spon- 
taneously from  his  Sovereign  will/  was  not  itself  a  part 
of  or  annexed  to  the  Treaty  of  Paris,  and  so  the  Powers 
had  no  legal  ground  on  which  to  force  the  Sultan  to  observe 
it.  Accordingly,  during  the  following  twenty  years,  the 
internal  administration  of  the  Turkish  Government  and 
its  attitude  towards  its  Christian  subjects  do  not  appear 
to  have  improved.  When  in  August  1875,  an  insurrection 
of  the  Christians  in  Herzegovina  broke  out,  the  Eastern 
Question  was  again  revived  in  its  acutest  form. 

There  is  no  doubt  that  the  condition  of  the  Christian 
provinces  of  Turkey  was  sufficiently  bad  to  justify  some 
pressure  being  put  on  the  Porte  by  the  Powers  of  Europe. 
Yet,  as  the  Porte  was  not  slow  to  point  out,  the  Powers 
had  bound  themselves,  by  Article  IX  of  the  Treaty  of 
Paris,  not  to  interfere  in  the  internal  affairs  of  Turkey. 
Moreover,  there  was  another  difficulty  in  the  way  of  con- 
certed action  by  the  Powers :  they  all  wished  Turkey  to 
reform  its  administration,  but  they  did  not  all  wish 
Turkey's  independence  or  territory  to  be  decreased.  It 
was,  especially,  the  view  of  the  British  Government,  that 
the  maintenance  of  the  Turkish  Empire  was  necessary  to 
the  Balance  of  Power  in  the  Near  East. 

1  February  18,  1856;    Hertslet,  vol.  ii.  No.  263. 

1903  v 


322     TURKEY,  RUSSIA,  AND  BALKAN  STATES 

Yet  in  some  degree,  circumstances  were  propitious  for 
bringing  pressure  to  bear  on  Turkey,  in  such  a  way  as 
might  have  prevented  war.  The  three  great  Empires, 
Austria,  Russia,  and  the  new  German  Empire,  were  at 
this  time  acting  in  accord.  The  Russian  and  German 
Chancellors  had  long  been  friends,  and  acted  in  concert 
in  important  matters  of  State,1  and  Austria  had  learned 
to  acquiesce  in  the  facts  of  1866  and  1870,  to  recognize 
that  the  leadership  of  Germany  had  passed  to  Prussia, 
and  that  her  great  interests  now  lay  in  the  south-east. 
Thus  Count  Andrassy,  the  Austrian  Chancellor,  was  able 
in  January  1876  to  draw  up,  in  concert  with  Russia  and 
Germany,  the  now  famous  '  Andrassy  Note ',  demanding 
that  Turkey  should  establish  complete  religious  toleration 
within  her  dominions,  do  away  with  the  system  of  tax- 
farming,  and  set  up  a  mixed  Commission  of  native  Chris- 
tians and  Mohammedans  to  superintend  the  execution  of 
the  reforms.2  To  this  Note  Great  Britain  and  France  also 
gave  their  adherence.  But  when  in  May  (1876)  at  Berlin 
the  ministers  of  the  three  Empires  drew  up  a  much  firmer 
Note — the  Berlin  Memorandum — the  British  Government 
declined  to  take  part  in  it,  being  very  suspicious  of  anything 
likely  to  prove  '  contrary  to  the  Treaty  Rights  of  the  Porte 
or  subversive  of  the  Sultan's  authority  '.3  The  British 
Government  at  this  time  hoped  that  Turkey  might  be 
induced  to  reform  itself  without  coercion.  The  clear 
intention  of  the  English  Premier  Disraeli  to  maintain  the 
independence  of  Turkey  might  have  prevented  the  war 
between  Russia  and  the  Porte,  had  not  the  Turks  them- 
selves, by  their  brutal  conduct  while  repressing  the  Bul- 
garian insurrection  in  May  1876,  succeeded  in  alienating 
the  sympathy  of  a  great  portion  of  the  British  people. 
'  The  knife  of  the  Circassian  and  Bachi-Bazouk  had  severed 

1  See  p.  317. 

*  The  complete  Note  is  in  Hertslet,  vol.  iv,  No.  456. 

*  Ibid.,  Nos.  461,  462. 


BALKAN  STATES 


English  Miles 

O  SO  '        IOO  200 


IT  S  T  R I 

B  O  S  N I  A 


BULGARIA 

Tirnovo  ° 

Burgas 


'eded  to  Bulgaria   Oy  the.    .  . 

,f  London  fHay  SO^iatJ.reCroc^Ooi 
to  Turhry  Sept.  29^  1913. 
Slate  frontier* 
Old  - 


Y  2 


324     TURKEY,  RUSSIA,  AND  BALKAN  STATES 

the  bond  with  Great  Britain  which  had  saved  Turkey  in 

1854-' x 

Serbia  and  Montenegro  declared  war  on  Turkey  in  July 
1876.  The  Russian  Government  openly  proclaimed  its 
sympathy  with  them.  Yet  the  Tsar  Alexander  II  assured 
Great  Britain  that  he  had  no  intention  of  acquiring  terri- 
tory :  that  all  he  desired  was  concerted  action  to  induce 
Turkey  to  carry  out  reforms.  Great  Britain,  agreeing  to 
this,  proposed  a  Conference  of  the  Powers  at  Constantinople. 
This  took  place  in  December  and  January  1876-7,  and 
a  sensible  scheme  of  reform  was  drawn  up.  But  to  ensure 
that  the  reforms  would  not  be  put  off  indefinitely  by  the 
Porte,  it  was  also  proposed  that  they  should  be  put  into 
effect  by  an  international  commission  and  gendarmerie. 
The  Turkish  Government  refused  this,  pointing  out  that 
interference  by  an  international  commission  with  the 
administration  of  the  Ottoman  Empire  would  be  a  direct 
breach  of  the  Treaty  of  Paris.  After  receiving  this  answer, 
the  Powers  (in  order  to  keep  the  adherence  of  England) 
proposed  a  milder  document  to  the  Porte,  omitting  any 
mention  of  an  international  commission,  but  stating  that 
if  reforms  were  not  carried  out,  the  Powers  would  decide 
in  common  on  the  means  to  be  pursued.  The  Porte 
regarded  this  document  also  as  being  against  the  Treaty 
of  Paris.  So  as  no  effective  guarantees  for  reform  were 
to  be  gained  by  peaceful  means,  Russia  declared  war  on 
April  24,  1877. 

The  war  did  not  last  very  long,  but  there  was  much 
hard  fighting  before  the  Russian  Army  entered  Adrianople 
on  January  20,  1878.  Even  before  this  happened,  the 
Porte  had  recognized  its  defeat,  and  had  asked  the  other 
Powers  of  Europe  to  mediate.  Constantinople  lay  at  the 
mercy  of  the  Russians,  and  the  fear  which  had  haunted 
British  statesmen  for  nearly  a  century  seemed  only  too 
likely  to  be  realized.  For  a  few  weeks  it  looked  as  if  war 
1  Fyfe,  Modern  Europe,  1895,  p.  1029. 


TREATY  OF  SAN  STEFANO  325 

between  Russia  and  England  could  not  be  averted ;  on 
February  6,  1878,  the  British  fleet  went  through  the 
Dardanelles  into  the  Sea  of  Marmara.  Fortunately  the 
more  peaceful  counsels  prevailed,  and  a  breathing-space 
was  secured  by  both  sides  agreeing  for  the  time  being  to 
hold  their  hands.  Thirteen  days  after  the  British  fleet 
passed  the  Dardanelles,  the  Russian  ambassador  in  London 
communicated  the  following  message  to  Lord  Derby,  the 
English  Secretary  of  State  for  Foreign  Affairs  :  '  Prince 
Gorchakov  authorizes  me  by  telegraph  to  declare  to  your 
Excellency  that  the  Imperial  Cabinet  maintains  its  pro- 
mise not  to  occupy  Gallipoli  nor  to  enter  the  lines  of 
Bulair.  The  Imperial  Cabinet  expects  in  return  that  no 
English  troops  should  be  landed  on  the  Asiatic  or  European 
coast.' J 

Meanwhile  Turkey  and  Russia  were  in  negotiation. 
On  March  3,  at  the  village  of  San  Stefano,  on  the  European 
shore  of  the  Sea  of  Marmara,  the  well-known  Treaty  of 
San  Stefano  was  concluded. 

For  years  this  treaty  has  acted  as  a  kind  of  magnet  to  the 
Bulgarian  people,  for  it  was  they  who  would  have  benefited 
by  it,  not  Russia.  The  Bulgarians  till  1878  were  merely 
a  subject  race  of  Turkey,  governed  by  Turkish  officials, 
without  any  autonomy,  and  hardly  conscious  themselves 
that  they  were  a  people.  The  Treaty  of  San  Stefano 
would  have  made  them  a  large  State,  tributary  to  Turkey 
indeed,  but  as  large  as  the  mediaeval  Bulgarian  Empire, 
the  memory  of  which  is  kept  so  green  among  them  as 
a  spur  to  their  ambition.  Bulgaria  under  the  Treaty  of 
San  Stefano  would  have  stretched  from  the  Danube  to 
the  Aegean,  and  would  have  included  practically  all 
Macedonia,  except  Salonika.  The  other  Powers,  however, 
objected.  Austria  did  not  relish  the  idea  of  a  powerful 
Slav  State  lying  across  her  path  to  the  Aegean.  Great 

1  Count  Schouvaloff  to  the  Earl  of  Derby,  February  19,  1878. 
Hertslet,  vol.  iv,  No.  517. 


32f>    TURKEY,  RUSSIA,  AND  BALKAN  STATES 

Britain  feared  that  'the  big  Bulgaria  would  be  merely 
a  client  State  of  Russia.  To  settle  these  difficulties  a  con- 
gress was  suggested.  Russia  accepted  the  proposal,  and 
accordingly  the  famous  Congress  of  Berlin  came  together 
on  June  13,  1878.  In  this  Congress  Great  Britain  sat  as 
the  ally  of  Turkey.  On  June  4,  Disraeli  had  concluded 
a  treaty  with  the  Sublime  Porte.  According  to  this, 
Turkey  gave  over  to  Great  Britain  the  occupation  and 
administration  of  Cyprus.  Britain,  on  her  part,  engaged 
in  the  future  to  defend  Turkey's  position  against  Russia 
in  Asia.1 

The  Treaty  of  Berlin  was  concluded  on  July  13,  1878. 
Every  Article  of  it  is  of  the  highest  importance,  and 
although  it  has  subsequently  been,  in  many  respects, 
modified,  broken  and  changed,  it  still  remains  the  ground- 
plan  of  the  States-system  of  South-East  Europe.  In 
order  to  appreciate  its  importance  it  is  necessary  not 
merely  that  each  Article  should  be  carefully  studied,  but 
that  the  previous  history  of  each  Balkan  State  that  was 
then  recognized  or  established  should  be  fully  understood. 

The  first  alteration  of  the  Treaty  of  Berlin  came  in 
1886.  The  new  State  of  Bulgaria  extended  only  from  the 
Danube  to  the  Balkans.  Eastern  Rumelia,  the  fertile 
plain  to  the  south  of  the  Balkans,  was  a  Turkish  province 
under  a  native  Christian  Governor.  In  1886,  however, 
a  revolution  broke  out  in  Philippopolis,  in  favour  of  union 
with  Bulgaria.  Prince  Alexander  of  Battenberg,  the 
Prince  of  Bulgaria,  then  led  his  army  into  Philippopolis 
and  hoisted  the  national  flag.2  The  Turkish  Government 
never  formally  admitted  the  cession  of  Eastern  Rumelia, 
but  the  province  was  in  fact  incorporated  with  Bulgaria, 

1  Convention  of  Constantinople,  June  4,  1878  ;  Hertslet,  vol.  iv, 
No.  524  ;  Mowat,  Select  Treaties,  pp.  78-9.  Before  the  Congress  met. 
Russia  and  Great  Britain  had  also  settled  their  differences  by  a 
Secret  Convention  signed  on  May  30.  It  was  abstracted  from  the 
Foreign  Office  by  a  copying  clerk,  and  was  published  in  the  Globe 
newspaper  on  June  14,  the  day  after  the  Congress  had  assembled. 

»  See  Act  for  modifying  Articles  XV  and  XVII  of  the  Treaty  of 
Berlin,  April  5,  1886  (Hertslet,  No.  611). 


THE  BALKAN  LEAGUE  327 

and  Rumeliots  took  their  seat  in  the  Sobranye,  the  Parlia- 
ment, at  Sofia.  In  the  same  year  Russia  denounced 
Article  LIX  of  the  Berlin  Treaty,  which  declared  Batoum 
to  be  purely  a  port  of  commerce. 

The  Berlin  settlement  was  not  seriously  questioned 
again  till  1908.  In  the  previous  year  the  Revolution  of 
the  Young  Turks  had  occurred.  Turkey  became  in  theory  a 
constitutional  monarchy,  with  strong  military  and  national- 
istic aims.  Austria  did  not  wait  for  further  developments, 
but  on  October  3  suddenly  announced  the  annexation  of 
Bosnia  and  Herzegovina,  contrary  to  Article  XXV  of  the 
Treaty  of  Berlin.  On  October  5,  Prince  Ferdinand  of 
Bulgaria  proclaimed  the  complete  independence  of  his 
principality  (the  tribute  to  Turkey,  as  a  matter  of  fact, 
had  never  been  paid),  and  erected  it  into  a  kingdom.  On 
September  29,  1911,  the  Italian  Government  began  a  war 
with  Turkey,  ending  with  the  annexation  of  Tripoli  by  the 
Treaty  of  Lausanne,  October  18,  iqiz.1 

In  1912  the  First  Balkan  War  broke  out.  The  Balkan 
League  or  Union  of  Bulgaria,  Greece,  Serbia,  and  Monte- 
negro was  formed  early  in  1912,  through  the  efforts  of  King 
Ferdinand  of  Bulgaria  and  the  eminent  Cretan  politician, 
Eleutherios  Venizelos,  who  in  1910  had  been  chosen  by 
King  George  of  Greece  as  Premier  of  the  Greek  Government. 
The  States  of  the  Balkan  League  presented  certain  de- 
mands to  Turkey  with  regard  to  the  territory  and  the 
administration  of  Macedonia,  which  the  Porte  did  not 
concede,  and  accordingly  war  began  on  September  30, 
1912,  nearly  three  weeks  before  the  Peace  between  Turkey 
and  Italy  was  concluded  over  the  Tripolitana. 

The  course  which  the  war  took  was  a  surprise  to  Europe, 
and  a  surprise  even  to  the  Balkan  States  themselves,  for 
they  conquered  more  land  from  Turkey  than,  apparently, 
they  had  arranged  to  divide.  Bulgaria  took  Adrianople  and 
penetrated  down  to  the  lines  of  Bulair  which  defend  the 

1  See  Mowat,  Select  Treaties,  pp.  xliii-iv  and  pp.  83-7,  116-19. 


328     TURKEY,  RUSSIA,  AND  BALKAN  STATES 

Gallipoli  Peninsula  from  the  mainland.  The  Serbians  won 
most  of  Macedonia,  and  the  Greeks  entered  Salonika.  At 
one  time  it  looked  as  if  the  Bulgarians  might  take  Con- 
stantinople, but  they  were  stopped  at  the  Chatalja  lines. 
The  usual  difficulty  was  found  in  breaking  off  the  war  and 
adjusting  the  claims  of  the  Allies.  An  international 
conference  was  invited  to  London  by  Sir  Edward  Grey, 
the  British  Foreign  Minister,  and  simultaneously  the 
plenipotentiaries  of  the  Balkan  States  and  Turkey  met  at 
London.  These  conferences  ended  with  the  Treaty  of 
London,  May  30,  1913,  according  to  which  Turkey  ceded 
to  the  Balkan  Allies  all  her  territory  (except  Albania)  to 
the  west  of  the  line  Enos-Midia,  and  also  the  Island  of 
Crete.1 

The  next  step  was  to  arrange  for  the  division  of  this 
territory  among  the  Allies  themselves.  The  negotiations 
for  this  ended  in  the  Second  Balkan  War,  of  Bulgaria 
against  Greece  and  Serbia,  begun  on  June  30  (1913).  The 
war  was  stopped  by  the  intervention,  after  July  9,  of 
Roumania  against  Bulgaria.  The  Conference  of  Peace  was 
held  at  Bucharest.  In  the  meantime  Turkey  had  quietly 
re-occupied  Adrianople  on  July  20*  The  Treaty  of 
Bucharest  was  concluded  on  August  10,  1913.  Bulgaria 
did  not  lose  much  at  the  hands  of  the  Balkan  Allies. 
Roumania  extended  her  Dobruja  frontier,  but  Bulgaria 
was  extended  down  to  the  Aegean  at  Dedeagach.  Serbia 
got  a  great  part  of  Macedonia ;  Greece  got  Salonika  and 
Kavalla.  The  Powers  who  had  arranged  the  Treaty  of 
London  thus  saw  their  arrangements  set  aside.  Great 
Britain  did  not  recognize  the  validity  of  the  Treaty  of 
Bucharest.  When,  however,  Bulgaria  joined  the  Central 
Powers  in  the  European  War  on  October  12,  1915, 

1  See  p.  112. 

*  Bulgaria  retroceded  Adrianople  to  Turkey  by  the  Treaty  of 
Constantinople,  September  29,  1913.  (Nouveau  Recueil,  3me  seric, 
tome  viii.) 


THE  EUROPEAN  WAR  .      329 

the  attitude  of  Great  Britain,  France,  and  Russia  towards 
the  Treaty  of  Bucharest  naturally  changed. 

The  European  War,  which  began  on  August  2, 1914,  was 
not  intended,  as  far  as  the  Allies  were  concerned,  to  in- 
volve any  further  modification  of  the  Treaty  of  Berlin,  or  any 
change  in  the  territorial  position  of  Turkey.  On  August  22, 
1914,  Great  Britain,  France,  and  Russia,  on  condition  of 
Turkey  observing  neutrality,  engaged  to  '  give  a  joint 
guarantee  in  writing  that  they  will  respect  the  independence 
and  integrity  of  Turkey ',  and  '  that  no  conditions  in  the 
terms  of  peace  at  the  end  of  the  war  shall  prejudice  this 
independence  and  integrity  '.*  Turkey,  however  (against 
the  Treaty  of  Paris,  1856,  and  the  Treaty  of  London,  1871), 
had  already,  on  August  n,  admitted  the  German  warships 
Goeben  and  Breslau  into  the  Dardanelles  without  interning 
them.  On  September  10,  the  Porte  sent  Notes  to  the  Euro- 
pean Governments  announcing  that  the  Capitulations  by 
which  Turkey's  behaviour  to  foreigners  within  her  territory 
was  governed,  were  abolished.  All  the  Powers  protested 
against  this.2  On  October  29  the  Turkish  fleet  sank  a 
Russian  gunboat  at  Odessa  and  bombarded  Feodosia.  This 
act  of  war  dissolved  the  Convention  of  Constantinople  by 
which  Great  Britain  had  allied  herself  to  Turkey  and  received 
the  administration  of  Cyprus.3  The  island  was  accordingly 
declared  to  be  annexed  to  Great  Britain  on  November  5, 
1914. 

On  December  19,  of  the  same  year,  Egypt  was  declared 
to  be  a  British  Protectorate.4 

1  Sir  Edward  Grey  to  Sir  L.  Mallet,  Correspondence  respecting 
Turkey,  Parliamentary  Papers,  Cd.  7628  (1914),  p.  9. 

*  Sir  L.  Mallet  to  Sir  E.  Grey,  ibid.,  p.  23. 

*  June  4,  1878;  see  above,  p.  326,  and  Mowat,  Select  Treaties, 
p.  78. 

«  Ibid.,  p.  95. 


330      TURKEY,  RUSSIA,  AND  BALKAN  STATES 

TREATY  BETWEEN  GREAT  BRITAIN,  AUSTRIA,  FRANCE, 
GERMANY  (PRUSSIA),  ITALY,  RUSSIA,  AND  TURKEY, 
FOR  THE  REVISION  OF  CERTAIN  STIPULATIONS  OF  THE 
TREATIES  OF  30TH  MARCH  1856,  RELATIVE  TO  THE 
BLACK  SEA  AND  DANUBE.  SIGNED  AT  LONDON, 
I3TH  MARCH,  iSyi.1 

ARTICLE  I.  Articles  XI,  XIII,  and  XIV  of  the  Treaty 
of  Paris  of  the  30th  March  1856,  as  well  as  the  special 
Convention  concluded  between  Russia  and  the  Sublime 
Porte,  and  annexed  to  the  said  Article  XIV,  are  abrogated, 
and  replaced  by  the  following  Article. 

ARTICLE  II.  The  principle  of  the  closing  of  the  Straits 
of  the  Dardanelles  and  the  Bosphorus,  such  as  it  has  been 
established  by  the  separate  Convention  of  the  30th  March 
1856,  is  maintained,  with  power  to  His  Imperial  Majesty 
the  Sultan  to  open  the  said  Straits  in  time  of  Peace  to  the 
Vessels  of  War  of  friendly  and  allied  Powers,  in  case  the 
Sublime  Porte  should  judge  it  necessary  in  order  to  secure 
the  execution  of  the  stipulations  of  the  Treaty  of  Paris 
of  the  3oth  March  1856. 

ARTICLE  III.  The  Black  Sea  remains  open,  as  heretofore, 
to  the  Mercantile  Marine  of  all  Nations. 

ARTICLE  IV.  The  Commission  established  by  Article  XVI 
of  the  Treaty  of  Paris,  in  which  the  Powers  who  joined  in 
signing  the  Treaty  are  each  represented  by  a  delegate,  and 
which  was  charged  with  the  designation  and  execution  of 
the  works  necessary  below  Isaktcha,  to  clear  the  Mouths 
of  the  Danube,  as  well  as  the  neighbouring  parts  of  the 
Black  Sea,  from  the  sands  and  other  impediments  which 
obstruct  them,  in  order  to  put  that  part  of  the  River  and 
the  said  parts  of  the  sea  in  the  best  state  for  navigation, 
is  maintained  in  its  present  composition.  The  duration  of 
that  Commission  is  fixed  for  a  further  period  of  12  years, 
counting  from  the  24th  April,  1871,  that  is  to  say,  till  the 
24th  April,  1883,  being  the  term  of  the  Redemption  of  the 
Loan  contracted  by  that  Commission,  under  the  Guarantee 
of  Great  Britain,  Germany,  Austria-Hungary,  France, 
Italy,  and  Turkey. 

ARTICLE  V.  The  conditions  of  the  re-assembling  of  the 
Riverain  Commission,  established  by  Article  XVII  of  the 

1  State  Papers,  vol.  Ixi,  p.  7;  Hertslet,  vol.iii,  No.  439. 


TREATY  OF  LONDON,  1871  331 

Treaty  of  Paris  of  the  soth  March  1856,  shall  be  fixed  by 
a  previous  understanding  between  the  Riverain  Powers, 
without  prejudice  to  the  clause  relative  to  the  3  Danubian 
Principalities ;  and  in  so  far  as  any  modification  of 
Article  XVII  of  the  said  Treaty  may  be  involved,  this 
latter  shall  form  the  subject  of  a  special  Convention 
between  the  co-signatory  Powers. 

ARTICLE  VI.  As  the  Powers  which  possess  the  shores  of 
that  part  of  the  Danube  where  the  Cataracts  and  the 
Iron  Gates  offer  impediments  to  navigation  reserve  to 
themselves  to  come  to  an  understanding  with  the  view  of 
removing  those  impediments,  the  High  Contracting  Parties 
recognise  from  the  present  moment  their  right  to  levy 
a  Provisional  Tax  on  Vessels  of  commerce  of  every  flag 
which  may  henceforth  benefit  thereby,  until  the  extinction 
of  the  Debt  contracted  for  the  execution  of  the  Works  ; 
and  they  declare  Article  XV  of  the  Treaty  of  Paris  of  1856, 
to  be  inapplicable  to  that  part  of  the  River  for  a  space 
of  time  necessary  for  the  repayment  of  the  debt  in 
question. 

ARTICLE  VII.  All  the  Works  and  Establishments  of 
every  kind  created  by  the  European  Commission  in  execu- 
tion of  the  Treaty  of  Paris  of  1856,  or  of  the  present  Treaty, 
shall  continue  to  enjoy  the  same  Neutrality  which  has 
hitherto  protected  them,  and  which  shall  be  equally 
respected  for  the  future,  under  all  circumstances,  by  the 
High  Contracting  Parties.  The  benefits  of  the  immunities 
which  result  therefrom  shall  extend  to  the  whole  adminis- 
trative and  engineering  staff  of  the  Commission.  It  is, 
however,  well  understood  that  the  provisions  of  this  Article 
shall  in  no  way  affect  the  right  of  the  Sublime  Porte  to 
send,  as  heretofore,  its  Vessels  of  War  into  the  Danube  in 
its  character  of  Territorial  Power. 

ARTICLE  VIII.  The  High  Contracting  Parties  renew 
and  confirm  all  the  stipulations  of  the  Treaty  of  the  3oth 
March,  1856,  as  well  as  of  its  annexes,  which  are  not  annulled 
or  modified  by  the  present  Treaty. 

ARTICLE  IX.  The  present  Treaty  shall  be  ratified,  and 
the  Ratifications  shall  be  exchanged  at  London  in  the  term 
of  6  weeks,  or  sooner  if  possible. 

In  witness  whereof  the  respective  Plenipotentiaries  have 
signed  the  same,  and  have  affixed  thereto  the  Seal  of  their 
Arms. 


332       TURKEY,  RUSSIA,  AND  BALKAN  STATES 

Done  at  London,  the  I3th  day  of  the  month  of  March, 
in  the  year  1871. 

(L.S.)  GRANVILLE. 

(L.S.)  BERNSTORFF. 

(L.S.)  APPONYI. 

(L.S.)  BROGLIE. 

(L.S.)  CADORNA. 

(L.S.)  BRUNNOW. 

(L.S.)  MUSURUS. 

TREATY  BETWEEN  GREAT  BRITAIN,  AUSTRIA-HUNGARY, 
FRANCE,  GERMANY,  ITALY,  RUSSIA,  AND  TURKEY, 
FOR  THE  SETTLEMENT  OF  THE  AFFAIRS  OF  THE  EAST. 
SIGNED  AT  BERLIN,  I3TH  JULY,  I878.1 

Bulgaria.    An  Autonomous  and  Tributary  Principality  under 
.Suzerainty  of  the  Sultan.    Christian  Government.    Na- 
tional Militia. 

ARTICLE  I.  Bulgaria  is  constituted  an  autonomous  and 
tributary  Principality  under  the  suzerainty  of  His  Imperial 
Majesty  the  Sultan  ;  it  will  have  a  Christian  Government 
and  a  national  militia. 

Bulgaria.    Boundaries. 

ARTICLE  II.  The  Principality  of  Bulgaria  will  include 
the  following  territories  : — 

Boundary  between  Bulgaria  and  Roumania.     Silistria  to 

Mangalia. 

The  frontier  follows  on  the  north  the  right  bank  of  the 
Danube  from  the  former  frontier  of  Servia  up  to  a  point 
to  be  determined  by  a  European  Commission  to  the  east 
of  Silistria,  and  thence  runs  to  the  Black  Sea  to  the  south  of 
Mangalia,  which  is  included  in  Roumanian  territory.  The 
Black  Sea  forms  the  eastern  boundary  of  Bulgaria. 

Boundary  between  Bulgaria  and  Eastern  Roumelia. 

On  the  south  the  frontier  follows  upwards  from  its 

mouth   the  mid-channel  of  the  brook   near  which   are 

situated  the  villages  of  Hodzakioj,  Selam-Kioj,  AivadSik, 

Kulibe,  Sudzuluk  ;  crosses  obliquely  the  valley  of  the  Deli- 

1  State  Papers,  vol.  Ixix,  p.  749  ;  Hertslet,  vol.  iv.  No.  530. 


TREATY  OF  BERLIN,  1878  333 

KamSik,  passes  south  of  Belibe  and  Kemhalik  and  north 
of  Hadzimahale  after  having  crossed  the  Deli-Kamclk  at 
2^  kilom.  above  Cengei ;  reaches  the  crest  at  a  point 
situated  between  Tekenlik  and  Aidos-Bredza,  and  follows 
it  by  Karnabad  Balkan,  Prisevica  Balkan,  Kazan  Balkan 
to  the  north  of  Kotel  as  far  as  Demir  Kapu.  It  proceeds 
by  the  principal  chain  of  the  Great  Balkan,  the  whole 
length  of  which  it  follows  up  to  the  summit  of  Kosica. 

There  it  leaves  the  crest  of  the  Balkan,  descends  south- 
wards between  the  villages  of  Pirtop  and  Duzanci,  the  one 
being  left  to  Bulgaria  and  the  other  to  Eastern  Roumelia, 
as  far  as  the  brook  of  Tuzlu  Dere,  follows  that  stream  to 
its  junction  with  the  Topolnica,  then  the  latter  river  until 
it  meets  the  Smovskio  Dere  near  the  village  of  Petricevo, 
leaving  to  Eastern  Roumelia  a  zone  with  a  radius  of  2 
kilom.  above  that  junction,  ascends  between  the  brooks  of 
Smovskio  Dere  and  the  Kamenica,  following  the  line  of 
the  watershed  so  as  to  turn  to  the  south-west  at  the  level 
of  Voinjak  and  reach  directly  the  point  875  of  the  Austrian 
Staff  map. 

The  frontier  line  cuts  at  right  angles  the  upper  basin  of 
the  brook  of  Ichtiman  Dere,  passes  between  Bogdina  and 
Karaula,  so  as  to  rejoin  the  line  of  the  watershed  separating 
the  basins  of  the  Isker  and  the  Marica,  between  Camurli 
and  HadSilar,  follows  that  line  by  the  summits  of  Velina 
Mogila,  the  '  col '  531,  Zmailica  Vrh,  Sumnatica,  and 
rejoins  the  administrative  boundary  of  the  Sandjak  of 
Sofia  between  Sivri  Tag  and  Cadir  Tepe. 

Boundary  between  Bulgaria  and  Turkey  (Macedonia). 

From  Cadir  Tepe,  the  frontier,  taking  a  south-westerly 
direction,  follows  the  watershed  between  the  basins  of  the 
Mesta  Karasu  on  the  one  side,  and  the  Struma  Karasu  on 
the  other,  runs  along  the  crests  of  the  mountains  of  Rhodope 
called  Demir  Kapu,  Iskoftepe,  Kadimesar  Balkan,  and 
Aiji  Gediik  up  to  Kapetnik  Balkan,  and  thus  joins  the 
former  administrative  frontier  of  the  Sandjak  of  Sofia. 

From  Kapetnik  Balkan  the  frontier  is  indicated  by  the 
watershed  between  the  valleys  of  the  Rilska  reka  and  of 
the  Bistrica  reka,  and  follows  the  ridge  called  Vodenica 
Planina,  descending  into  the  valley  of  the  Struma  at  the 
junction  of  this  river  with  the  Rilska  reka,  leaving  the 
village  of  Barakli  to  Turkey.  It  ascends  then  south  of 


334      TURKEY,  RUSSIA,  AND  BALKAN  STATES 

the  village  of  JeleSnica,  and  reaches  by  the  shortest  line 
the  chain  of  Golema  Planina  at  the  summit  of  Gitka,  and 
rejoins  there  the  former  administrative  frontier  of  the 
Sandjak  of  Sofia,  leaving,  however,  to  Turkey  the  whole 
of  the  basin  of  the  Suha  reka. 

From  Mount  Gitka  the  western  frontier  goes  towards 
Mount  Crni  Vrh  by  the  mountains  of  Karvena  Jabuka, 
following  the  former  administrative  limit  of  the  Sandjak 
of  Sofia  in  the  upper  part  of  the  basins  of  Egrisu  and  of 
the  Lepnica,  ascends  with  it  the  crests  of  Babina  Polana, 
and  reaches  Mount  Crni  Vrh. 

Boundary  between  Bulgaria  and  Servia. 

From  Mount  Crni  Vrh  the  frontier  follows  the  watershed 
between  the  Struma  and  the  Morava  by  the  summits  of 
the  StreSer,  Vilogolo,  and  Me§id  Planina,  rejoins  by  the 
Gaclna,  Crna  Trava,  Darkovska,  and  Drainica  Plan,  then 
the  Decani  Kladanec,  the  watershed  of  the  High  Sukowa 
and  of  the  Morava,  goes  straight  to  the  Stol,  and  descends 
from  it  so  as  to  cut  the  road  from  Sofia  to  Pirot,  1,000 
metres  north-west  of  the  village  of  Segusa.  It  ascends  in 
a  straight  line  the  Vidlic  Planina  and  thence  Mount  Rado- 
cina  in  the  chain  of  the  Kodza  Balkan,  leaving  to  Servia 
the  village  of  Doikinci,  and  to  Bulgaria  that  of  Senakos. 

From  the  summit  of  Mount  Radoclna  the  frontier  follows 
towards  the  west  the  crest  of  the  Balkans  by  Ciprovec 
Balkan  and  Stara  Planina  up  to  the  former  eastern  frontier 
(I'ancienne  frontiere  orientate)  of  the  Principality  of  Servia, 
near  to  the  Kula  Smiljova  Cuka,  and  thence  that  former 
frontier  as  far  as  the  Danube,  which  it  rejoins  at  Rako- 
vitza. 

Bulgaria.  Delimitation  by  European  Commission.  Balkan 
Frontiers  of  Eastern  Roumelia.  Non-erection  of  Forti- 
fications. 

This  delimitation  shall  be  fixed  on  the  spot  by  the 
European  Commission,  on  which  the  Signatory  Powers 
shall  be  represented.  It  is  understood — 

1.  That  this  Commission  will  take  into  consideration 
the  necessity  for  His  Imperial  Majesty  the  Sultan  to  be 
able  to  defend  the  Balkan  frontiers  of  Eastern  Roumelia. 

2.  That  no  fortifications  may  be  erected  within  a  radius 
of  10  kilom.  from  Samakow. 


TREATY  OF  BERLIN,  1878  335 

Bulgaria.    Election  of  Prince.     Exclusion  of  Members  of 
Reigning  Dynasties  of  Great  European  Powers. 

ARTICLE  III.  The  Prince  of  Bulgaria  shall  be  freely 
elected  by  the  population  and  confirmed  by  the  Sublime 
Porte,  with  the  assent  of  the  Powers.  No  member  of  the 
Reigning  Dynasties  of  the  Great  European  Powers  may  be 
elected  Prince  of  Bulgaria. 

Bulgaria.    Election  of  Prince  in  case  of  a  Vacancy. 

In  case  of  a  vacancy  in  the  princely  dignity,  the  election 
of  the  new  Prince  shall  take  place  under  the  same  con- 
ditions and  with  the  same  forms. 

Bulgaria.    Assembly  of  Notables  to  draw  up  Organic  Law  at 

Tirnovo. 

ARTICLE  IV.  An  Assembly  of  Notables  of  Bulgaria, 
convoked  at  Tirnovo,  shall,  before  the  election  of  the 
Prince,  draw  up  the  Organic  Law  of  the  Principality. 

Rights  and  Interests  of  different  Populations  to  be  considered. 

In  the  districts  where  Bulgarians  are  intermixed  with 
Turkish,  Roumanian,  Greek,  or  other  populations,  the 
rights  and  interests  of  these  populations  shall  be  taken 
into  consideration  as  regards  the  elections  and  the  drawing 
up  of  the  Organic  Law 

Bulgaria.    Basis  of  Public  Law. 

ARTICLE  V.  The  following  points  shall  form  the  basis 
of  the  public  law  of  Bulgaria  : — 

Bulgaria.    Civil  and  Political  Rights.   Exercise  of  Professions 
and  Industries  by  all,  irrespective  of  Religious  Creeds. 

The  difference  of  religious  creeds  and  confessions  shall 
not  be  alleged  against  any  person  as  a  ground  for  exclusion 
or  incapacity  in  matters  relating  to  the  enjoyment  of  civil 
and  political  rights,  admission  to  public  employments, 
functions,  and  honours,  or  the  exercise  of  the  various  pro- 
fessions and  industries  in  any  locality  whatsoever. 


336    TURKEY,  RUSSIA,  AND  BALKAN  STATES 

Bulgaria.    Freedom  of  Religious  Worship. 

The  freedom  and  outward  exercise  of  all  forms  of  worship 
are  assured  to  all  persons  belonging  to  Bulgaria,  as  well  as 
to  foreigners,  and  no  hindrance  shall  be  offered  either  to 
the  hierarchical  organization  of  the  different  communions, 
or  to  their  relations  with  their  spiritual  chiefs. 

Bulgaria.  Provisional  Administration  by  a  Russian  Com- 
missary, assisted  by  a  Turkish  Commissary  and  by 
Consuls  delegated  by  the  Powers,  until  completion  of 
Organic  Law. 

ARTICLE  VI.  The  provisional  administration  of  Bulgaria 
shall  be  under  the  direction  of  an  Imperial  Russian  Com- 
missary until  the  completion  of  the  Organic  Law.  An 
Imperial  Turkish  Commissary,  as  well  as  the  Consuls 
delegated  ad  hoc  by  the  other  Powers,  signatory  of  the 
present  Treaty,  shall  be  called  to  assist  him  so  as  to  control 
the  working  of  this  provisional  regime.  In  case  of  dis- 
agreement amongst  the  Consular  Delegates,  the  vote  of 
the  majority  shall  be  accepted,  and  in  case  of  a  divergence 
between  the  majority  and  the  Imperial  Russian  Com- 
missary or  the  Imperial  Turkish  Commissary,  the  Repre- 
sentatives of  the  Signatory  Powers  at  Constantinople, 
assembled  in  Conference,  shall  give  their  decision. 


Bulgaria.    Provisional  Regime  not  to  extend  beyond  Nine 
Months. 

ARTICLE  VII.  The  provisional  regime  shall  not  be  pro- 
longed beyond  a  period  of  nine  months  from  the  exchange 
of  the  ratifications  of  the  present  Treaty. 


Bulgaria.     Prince  to  be  elected  as  soon  as  Organic  Law  is 
completed. 

When  the  Organic  Law  is  completed  the  election  of  the 
Prince  of  Bulgaria  shall  be  proceeded  with  immediately. 
As  soon  as  the  Prince  shall  have  been  installed,  the  new 
organization  shall  be  put  into  force,  and  the  Principality 
shall  enter  into  the  full  enjoyment  of  its  autonomy. 


TREATY  OF  BERLIN,  1878  337 

Bulgaria.    Commercial  Treaties,  &c.,  between  Foreign  Powers 
and  the  Porte,  to  remain  in  force. 

ARTICLE  VIII.  The  Treaties  of  Commerce  and  of 
Navigation  as  well  as  all  the  Conventions  and  arrange- 
ments concluded  between  Foreign  Powers  and  the  Porte, 
and  now  in  force,  are  maintained  in  the  Principality  of 
Bulgaria,  and  no  change  shall  be  made  in  them  with 
regard  to  any  Power  without  its  previous  consent. 

Bulgaria.    No  Transit  Duties  to  be  levied. 

No  transit  duties  shall  be  levied  in  Bulgaria  on  goods 
passing  through  that  Principality. 

Bulgaria.    Equality  of  treatment  for  the  Subjects,  Citizens, 
and  Commerce  of  all  the  Powers. 

The  subjects  and  citizens  and  commerce  of  all  the 
Powers  shall  be  treated  in  the  Principality  on  a  footing 
of  strict  equality. 

Bulgaria.  Immunities  and  Privileges  of  Foreigners.  Consular 
Jurisdiction  and  Protection. 

The  immunities  and  privileges  of  foreigners,  as  well  as 
the  rights  of  Consular  jurisdiction  and  protection  as 
established  by  the  Capitulations  and  usages,  shall  remain 
in  full  force  so  long  as  they  shall  not  have  been  modified 
with  the  consent  of  the  parties  concerned. 


Bulgaria.    Tribute  to  Suzerain  Court.    Amount  to  be  fixed  by 
Signatory  Powers. 

ARTICLE  IX.  The  amount  of  the  annual  Tribute  which 
the  Principality  of  Bulgaria  shall  pay  to  the  Suzerain 
Court — such  amount  being  paid  into  whatever  bank  the 
Porte  may  hereafter  designate — shall  be  fixed  by  an 
agreement  between  the  Powers  Signatory  of  the  present 
Treaty  at  the  close  of  the  first  year  of  the  working  of  the 
new  organization.  This  Tribute  shall  be  calculated  on  the 
mean  revenue  of  the  territory  of  the  Principality. 

1903 


338      TURKEY,  RUSSIA,  AND  BALKAN  STATES 

Bulgaria.    Portion  of  Ottoman  Public  Debt  to  be  paid  by  the 

Principality. 

As  Bulgaria  is  to  bear  a  portion  of  the  Public  Debt  of 
the  Empire,  when  the  Powers  fix  the  Tribute,  they  shall 
take  into  consideration  what  portion  of  that  Debt  can,  on 
the  basis  of  a  fair  proportion,  be  assigned  to  the  Princi- 
pality. 

Bulgaria.     Acceptance  of  Obligations  towards  Rustchuck- 

Varna  Railway  Company. 

ARTICLE  X.  Bulgaria  takes  the  place  of  the  Imperial 
Ottoman  Government  in  its  undertakings  and  obligations 
towards  the  Rustchuck- Varna  Railway  Company,  dating 
from  the  exchange  of  the  ratifications  of  the  present 
Treaty.  The  settlement  of  the  previous  accounts  is  reserved 
for  an  understanding  between  the  Sublime  Porte,  the 
Government  of  the  Principality,  and  the  administration 
of  this  Company. 

Bulgaria.    Acceptance  of  Obligations  in  respect  of  other 
Railways  of  European  Turkey  in  Principality. 

The  Principality  of  Bulgaria  likewise,  so  far  as  it  is  con- 
cerned, takes  the  place  of  the  Sublime  Porte  in  the 
engagements  which  the  latter  has  contracted,  as  well 
towards  Austria-Hungary  as  towards  the  Company,  for 
working  the  Railways  of  European  Turkey  in  respect  to 
the  completion  and  connexion,  as  well  as  the  working  of 
the  Railways  situated  in  its  territory. 

Bulgaria.  Railway  Conventions  to  be  concluded  with  Austria- 
Hungary,  the  Porte,  and  Servia. 

The  Conventions  necessary  for  the  settlement  of  these 
questions  shall  be  concluded  between  Austria-Hungary, 
the  Porte,  Servia,  and  the  Principality  of  Bulgaria  imme- 
diately after  the  conclusion  of  peace. 

Bulgaria.  Turkish  Evacuation.  Demolition  of  Fortresses. 
ARTICLE  XI.  The  Ottoman  army  shall  no  longer  remain 
in  Bulgaria  ;  all  the  old  fortresses  shall  be  razed  at  the 
expense  of  the  Principality  within  one  year  or  sooner  if 
possible ;  the  local  Government  shall  immediately  take 
steps  for  their  demolition,  and  shall  not  construct  fresh 
ones. 


TREATY  OF  BERLIN,  1878  339 

Bulgaria.    Disposal  of  War  Material,  &c.,  in  Fortresses  of 
Danube,  Shumla,  and  Varna. 

The  Sublime  Porte  shall  have  the  right  of  disposing  as 
it  likes  of  the  war  material  and  other  effects  belonging  to 
the  Ottoman  Government  which  may  have  remained  in 
the  fortresses  of  the  Danube  already  evacuated  in  virtue 
of  the  Armistice  of  the  3ist  January,  as  well  as  of  those 
in  the  strongholds  of  Shumla  and  Varna. 

Bulgaria.     Right  of  Non-resident  Mussulman  Proprietors 
and  others  to  hold  Real  Property. 

ARTICLE  XII.  Mussulman  proprietors  or  others  who 
may  take  up  their  abode  outside  the  Principality  may 
continue  to  hold  there  their  real  property,  by  farming  it 
out,  or  having  it  administered  by  third  parties. 

Bulgaria.  State  Property  and  Religious  Foundations 
(Vakoufs).  Appointment  of  a  Tut 'co-Bulgarian  Commis- 
sion. 

A  Turco-Bulgarian  Commission  shall  be  appointed  to 
settle,  within  a  period  of  two  years,  all  questions  relative 
to  the  mode  of  alienation,  working,  or  use  on  the  account 
of  the  Sublime  Porte,  of  property  belonging  to  the  State 
and  religious  foundations  (Vakoufs),  as  well  as  of  the 
questions  regarding  the  interests  of  private  persons  engaged 
therein. 

Bulgarians  travelling  or  dwelling  in  other  parts  of  Turkey, 
subject  to  Ottoman  Authorities  and  Laws. 

Persons  belonging  to  the  Principality  of  Bulgaria,  who 
shall  travel  or  dwell  in  the  other  parts  of  the  Ottoman 
Empire,  shall  be  subject  to  the  Ottoman  authorities  and 
laws. 

Eastern  Roumelia.    Formation  of  Province  under  a  Christian 
Governor-General. 

ARTICLE  XIII.  A  province  is  formed  south  of  the  Balkans 
which  will  take  the  name  of  '  Eastern  Roumelia  ',  and  will 
remain  under  the  direct  political  and  military  authority 
of  His  Imperial  Majesty  the  Sultan,  under  conditions  of 
administrative  autonomy.  It  shall  have  a  Christian 
Governor-General. 

z  2 


340     TURKEY,  RUSSIA,  AND  BALKAN  STATES 

Eastern  Roumdia.    Boundaries. 

ARTICLE  XIV.  Eastern  Roumelia  is  bounded  on  the 
north  and  north-west  by  Bulgaria,  and  comprises  the 
territories  included  by  the  following  line  : — 

Boundary  between  Eastern  Roumelia  and  Bulgaria. 

Starting  from  the  Black  Sea  the  frontier  follows  upwards 
from  its  mouth  the  mid-channel  of  the  brook  near  which 
are  situated  the  villages  of  HodSakioj,  Selam-Kioj,  Aivadsik, 
Kulibe,  SudSuluk,  crosses  obliquely  the  Valley  of  the  Deli 
Kamclk,  passes  south  of  Belibe  and  Kemhalik,  and  north 
of  HadSimahale,  after  having  crossed  the  Deli-KamSik  at 
2^  kilom.  above  Cengei ;  reaches  the  crest  at  a  point 
situated  between  Tekenlik  and  Aidos-Bredza,  and  follows 
it  by  Karnabad  Balkan,  Prisevica  Balkan,  Kazan  Balkan 
to  the  north  of  Kotel  as  far  as  Demir  Kapu.  It  proceeds 
by  the  principal  chain  of  the  Great  Balkan,  the  whole 
length  of  which  it  follows  up  to  the  summit  of  Kosica. 

At  this  point  the  western  frontier  of  Roumelia  leaves 
the  crest  of  the  Balkan,  descends  southwards  between  the 
villages  of  Pirtop  and  Duzanci — the  one  being  left  to 
Bulgaria  and  the  other  to  Eastern  Roumelia,  as  far  as  the 
brook  of  Tuzlu  Dere,  follows  that  stream  to  its  junction 
with  the  Topolnica,  then  the  latter  river  until  it  meets 
the  Smovskio  Dere  near  the  village  of  Petric'evo,  leaving 
to  Eastern  Roumelia  a  zone  with  a  radius  of  2  kilom. 
above  that  junction,  ascends  between  the  brooks  of  Smov- 
skio Dere  and  the  Kamenica,  following  the  line  of  the 
watershed  so  as  to  turn  to  the  south-west  at  the  level  of 
Voinjak  and  reach  directly  the  point  875  of  the  Austrian 
Staff  map. 

The  frontier  line  cuts  at  right  angles  the  upper  basin  of 
the  brook  of  Ichtiman  Dere,  passes  between  Bogdina  and 
Karaula,  so  as  to  rejoin  the  line  of  the  watershed  separating 
the  basins  of  the  Isker  and  the  Marica,  between  Camurli 
and  HadSilar,  follows  that  line  by  the  summits  of  Velina 
Mogila,  the  '  col '  531,  Zmailica  Vrh,  Sumnatica,  and 
rejoins  the  administrative  boundary  of  the  Sandjak  of 
Sofia  between  Sivri  Tas  and  Cadir  Tepe. 


TREATY  OF  BERLIN,  1878  341 

Southern  Boundary  of  Eastern  Roumelia. 

The  frontier  of  Roumelia  leaves  that  of  Bulgaria  at 
Mount  Cadir  Tepe,  following  the  line  of  the  watershed 
between  the  basins  of  the  Maritza  and  of  its  affluents  on 
one  side,  and  of  the  Mesta  Karasu  and  of  its  affluents  on 
the  other,  and  takes  the  direction  south-east  and  then 
south  along  the  crest  of  the  Despoto  Dagh  Mountains, 
towards  Mount  Kruschowa  (whence  starts  the  frontier  line 
of  the  Treaty  of  San  Stefano). 

From  Mount  Kruschowa  the  frontier  is  the  same  as  the 
line  laid  down  by  the  Treaty  of  San  Stefano,  that  is  to  say, 
the  chain  of  the  Black  Balkans  (Kara  Balkan),  the  moun- 
tains Kulaghy-Dagh,  Eschek-Tschepellii,  Karakolas,  and 
Ischiklar,  from  whence  it  descends  due  south-east  till  it 
reaches  the  River  Arda,  and  follows  the  mid-channel  of 
this  river  up  to  a  point  close  to  the  village  of  Adacali, 
which  remains  to  Turkey. 

From  this  point  the  frontier  line  ascends  the  crest  of  the 
Bestepe-Dagh,  which  it  follows,  then  descends  and  crosses 
the  Maritza,  at  a  point  situated  5  kilom.  above  the  bridge 
of  Mustafa  Pasha ;  thence  it  takes  a  northerly  direction 
by  the  line  of  the  watershed  between  DemirhanU  Dere  and 
the  small  affluents  of  the  Maritza  to  Kiideler  Bair,  whence 
it  runs  east  to  Sakar  Bair  ;  from  this  point  it  crosses  the 
valley  of  the  Tundza  in  the  direction  of  Biijiik  Derbend, 
which  is  left  to  the  north,  as  also  is  Soudzak.  From  Biijiik 
Derbend  it  regains  the  line  of  the  watershed  between  the 
affluents  of  the  Tundia  on  the  north  and  those  of  the 
Maritza  on  the  south,  up  to  the  level  of  Kaibilar,  which  is 
included  in  Eastern  Roumelia,  and  passes  to  the  south  of 
V.  Almali  between  the  basin  of  the  Maritza  to  the  south 
and  the  various  streams  which  flow  straight  into  the  Black 
Sea,  between  the  villages  of  Belevrin  and  Alatli ;  it  follows 
to  the  north  of  Karanlik  the  crests  of  Vosna  and  Zuvak, 
the  line  which  separates  the  waters  of  the  Duka  and  those 
of  the  Karagac-Su,  and  rejoins  the  Black  Sea  between 
those  two  rivers. 

Eastern   Roumelia.      Right   of  Sultan.    Fortifications   on 

Frontiers  (Balkan  Passes). 

ARTICLE  XV.  His  Majesty  the  Sultan  shall  have  the 
right  of  providing  for  the  defence  of  the  land  and  sea 
frontiers  of  the  province  by  erecting  fortifications  on  those 
frontiers,  and  maintaining  troops  there. 


342     TURKEY,  RUSSIA,  AND  BALKAN  STATES 

Eastern  Roumelia.  Maintenance  of  Internal  Order.  Irregular 
Troops,  Bashi-Bazouks,  and  Circassians. 

Internal  order  is  maintained  in  Eastern  Roumelia  by 
a  native  gendarmerie  assisted  by  a  local  militia. 

In  forming  these  corps,  the  officers  of  which  are  nomi- 
nated by  the  Sultan,  regard  shall  be  paid  in  the  different 
localities  to  the  religion  of  the  inhabitants. 

His  Imperial  Majesty  the  Sultan  undertakes  not  to 
employ  irregular  troops,  such  as  Bashi-Bazouks  and 
Circassians,  in  the  garrisons  of  the  frontiers.  The  regular 
troops  detailed  for  this  service  must  not  in  any  case  be 
billeted  on  the  inhabitants.  When  they  pass  through  the 
province  they  shall  not  make  a  stay  there. 

Eastern  Roumelia.    Right  to  summon  Ottoman  Troops  in 

case  of  need.  Powers  to  be  informed. 
ARTICLE  XVI.  The  Governor-General  shall  have  the 
right  of  summoning  the  Ottoman  troops  in  the  event  of 
the  internal  or  external  security  of  the  province  being 
threatened.  In  such  an  eventuality  the  Sublime  Porte 
shall  inform  the  Representatives  of  the  Powers  at  Con- 
stantinople of  such  a  decision,  as  well  as  of  the  exigencies 
which  justify  it. 

Eastern  Roumelia.   Governor-General  to  be  nominated  by  the 

Porte,  with  assent  of  Powers,  for  Five  Years. 
ARTICLE  XVII.    The  Governor-General  of  Eastern  Rou- 
melia shall  be  nominated  by  the  Sublime  Porte,  with  the 
assent  of  the  Powers,  for  a  term  of  five  years. 

Eastern  Roumelia.     Appointment  of  European  Commission 

to  arrange  organization.  Duties  of  Commission. 
ARTICLE  XVIII.  Immediately  after  the  exchange  of  the 
ratifications  of  the  present  Treaty,  a  European  Commission 
shall  be  formed  to  arrange,  in  concert  with  the  Ottoman 
Porte,  the  organization  of  Eastern  Roumelia.  This  Com- 
mission will  have  to  determine,  within  three  months,  the 
powers  and  functions  of  the  Governor-General,  as  well  as 
the  administrative,  judicial,  and  financial  system  of  the 
province,  taking  as  its  basis  the  various  laws  for  the 
vilayets  and  the  proposals  made  in  the  eighth  sitting  of 
the  Conference  of  Constantinople. 


TREATY  OF  BERLIN,  1878  343 

i  ^ 

Eastern  Roumelia.  Firman  to  be  communicated  to  the  Powers. 

The  whole  of  the  arrangements  determined  on  for 
Eastern  Roumelia  shall  form  the  subject  of  an  Imperial 
Firman,  which  will  be  issued  by  the  Sublime  Porte,  and 
which  it  will  communicate  to  the  Powers. 

Eastern  Roumelia.    European  Commission  to  administer 
Finances  of  Province. 

ARTICLE  XIX.  The  European  Commission  shall  be 
charged  to  administer,  in  concert  with  the  Sublime  Porte, 
the  finances  of  the  province  until  the  completion  of  the 
new  organization. 

Eastern  Roumelia.  Treaties,  &c.,  between  Foreign  Powers 
and  the  Porte,  to  remain  in  force.  Immunities  and 
Privileges  of  Foreigners.  Religious  Liberty. 

ARTICLE  XX.  The  Treaties,  Conventions,  and  inter- 
national arrangements  of  any  kind  whatsoever,  concluded 
or  to  be  concluded  between  the  Porte  and  foreign  Powers, 
shall  apply  in  Eastern  Roumelia  as  in  the  whole  Ottoman 
Empire.  The  immunities  and  privileges  acquired  by 
foreigners,  whatever  their  status,  shall  be  respected  in 
this  province.  The  Sublime  Porte  undertakes  to  enforce 
there  the  general  laws  of  the  Empire  on  religious  liberty 
in  favour  of  all  forms  of  worship. 

Eastern  Roumelia.    Rights  and  Obligations  of  Turkey  with 
regard  to  Railways. 

ARTICLE  XXI.  The  rights  and  obligations  of  the  Sub- 
lime Porte  with  regard  to  the  Railways  of  Eastern  Roumelia 
are  maintained  in  their  integrity. 

Bulgaria  and  Eastern  Roumelia.    Russian  Occupation. 

ARTICLE  XXII.  The  strength  of  the  Russian  corps  of 
occupation  in  Bulgaria  and  Eastern  Roumelia,  which  shall 
be  composed  of  six  divisions  of  infantry  and  two  divisions 
of  cavalry,  shall  not  exceed  50,000  men.  It  shall  be  main- 
tained at  the  expense  of  the  country  occupied.  The  army 
of  occupation  will  preserve  its  communications  with  Russia 
not  only  through  Roumania,  in  accordance  with  arrange- 
ments to  be  concluded  between  the  two  States,  but  also 


344    TURKEY,  RUSSIA,  AND  BALKAN  STATES 

through  the  ports  of  the  Black  Sea,  Varna,  and  Bourgas, 
where  it  may,  during  the  period  of  occupation,  organize 
the  necessary  depdts. 

Bulgaria  and  Eastern  Roumelia.    Period  of  Occupation. 

The  period  of  the  occupation  of  Eastern  Roumelia  and 
Bulgaria  by  the  Imperial  Russian  troops  is  fixed  at  nine 
months  from  the  date  of  the  exchange  of  the  ratifications 
of  the  present  Treaty. 

Roumania.    Period  for  Russian  Evacuation. 

The  Imperial  Russian  Government  undertakes  that 
within  a  further  period  of  three  months  the  passage  of  its 
troops  across  Roumania  shall  cease,  and  that  Principality 
shall  be  completely  evacuated. 

Crete.    Application  of  Organic  Law  of  1868. 

ARTICLE  XXIII.  The  Sublime  Porte  undertakes  scru- 
pulously to  apply  in  the  Island  of  Crete  the  Organic  Law 
of  1868  with  such  modifications  as  may  be  considered 
equitable. 

Organic  Laws.  Laws  similar  to  Organic  Law  for  Crete  to 
be  introduced  into  other  parts  of  Turkey  in  Europe, 
except  exemption  from  Taxation. 

Similar  laws  adapted  to  local  requirements,  excepting  as 
regards  the  exemption  from  taxation  granted  to  Crete, 
shall  also  be  introduced  into  the  other  parts  of  Turkey  in 
Europe  for  which  no  special  organization  has  been  provided 
by  the  present  Treaty. 

Organic  Laws.    Special  Commission  to  settle  details  of 
new  Laws. 

The  Sublime  Porte  shall  depute  special  Commissions,  in 
which  the  native  element  shall  be  largely  represented,  to 
settle  the  details  of  the  new  laws  in  each  province. 

The  schemes  of  organization  resulting  from  these  labours 
shall  be  submitted  for  examination  to  the  Sublime  Porte, 
which,  before  promulgating  the  Acts  for  putting  them  into 
force,  shall  consult  the  European  Commission  instituted 
for  Eastern  Roumelia. 


TREATY  OF  BERLIN,  1878  345 

Greece.    Rectification  of  Frontier.    Powers  may  offer  Media- 
tion in  case  of  Disagreement  between  Turkey  and  Greece. 
ARTICLE  XXIV.    In  the  event  of  the  Sublime  Porte  and 
Greece  being  unable  to  agree  upon  the  rectification  of 
frontier  suggested  in  the  i3th  Protocol  of  the  Congress 
of    Berlin,    Germany,    Austria-Hungary,    France,    Great 
Britain,  Italy,  and  Russia  reserve  to  themselves  to  offer 
their  mediation  to  the  two  parties  to  facilitate  negotiations. 

Bosnia  and  Herzegovina.    To  be  occupied  and  administered 
by  Austria-Hungary,  Sandjak  of  Novi-Bazar  excepted, 
with  right  of  Austria- Hungary  to  keep  Garrisons,  and  to 
have  Military  and  Commercial  Roads. 
ARTICLE  XXV.     The  Provinces  of  Bosnia  and  Herze- 
govina shall  be  occupied  and  administered  by  Austria- 
Hungary.      The   Government    of    Austria-Hungary,    not 
desiring  to  undertake  the  administration  of  the  Sandjak 
of  Novi-Bazar,  which  extends  between  Servia  and  Monte- 
negro in  a  south-easterly  direction  to  the  other  side  of 
Mitrovitza,  the  Ottoman  Administration  will  continue  to 
exercise  its  functions  there.     Nevertheless,  in  order  to 
assure  the  maintenance  of  the  new  political  state  of  affairs, 
as  well  as  freedom  and  security  of  communications,  Austria- 
Hungary  reserves  the  right  of  keeping  garrisons  and  having 
military  and  commercial  roads  in  the  whole  of  this  part 
of  the  ancient  Vilayet  of  Bosnia.1    To  this  end  the  Govern- 
ments of  Austria-Hungary  and  Turkey  reserve  to  them- 
selves to  come  to  an  understanding  on  the  details. 

Montenegro.     Independence. 

ARTICLE  XXVI.  The  independence  of  Montenegro  is 
recognized  by  the  Sublime  Porte  and  by  all  those  of  the 
High  Contracting  Parties  who  had  not  hitherto  admitted  it. 

Montenegro.  Conditions  : — Civil  and  Political  Rights,  &c. 
Exercise  of  Professions  and  Industries  by  all,  irrespective 
of  Religious  Creeds. 

ARTICLE  XXVII.     The  High  Contracting  Parties  are 
agreed  on  the  following  conditions  : — 
In  Montenegro  the  difference  of  religious  creeds  and  con- 

1  The  Austrian  garrisons  were  withdrawn  fiom  the  Sandjak  in 
1908.  In  1913  the  district  was  divided  between  Serbia  and  Monte- 
negro after  the  conclusion  of  the  Second  Balkan  War. 


346     TURKEY,  RUSSIA,  AND  BALKAN  STATES 

fessions  shall  not  be  alleged  against  any  person  as  a  ground 
for  exclusion  or  incapacity  in  matters  relating  to  the 
enjoyment  of  civil  and  political  rights,  admission  to  public 
employments,  functions,  and  honours,  or  the  exercise  of 
the  various  professions  and  industries  in  any  locality 
whatsoever. 

Montenegro.    Freedom  of  Religious  Worship. 

The  freedom  and  outward  exercise  of  all  forms  of  worship 
shall  be  assured  to  all  persons  belonging  to  Montenegro,  as 
well  as  to  foreigners,  and  no  hindrance  shall  be  offered 
either  to  the  hierarchical  organization  of  the  different 
communions,  or  to  their  relations  with  their  spiritual 
chiefs. 

Montenegro.    Boundaries. 

ARTICLE  XXVIII.  The  new  frontiers  of  Montenegro  are 
fixed  as  follows  : — 

Starting  at  Ilino-brdo  to  the  north  of  Klobuk,  the  line 
descends  to  the  Trebinjcica  towards  Grancarevo,  which 
remains  to  Herzegovina,  then  ascends  the  course  of  that 
river  up  to  a  point  I  kilom.  below  its  confluence  with  the 
Cepelica,  and  from  thence  passes  by  the  most  direct  line 
on  to  the  heights  which  border  the  River  Trebinjcica.  It 
then  proceeds  in  the  direction  of  Pilatova,  leaving  that 
village  to  Montenegro,  and  continues  along  the  heights  in 
a  northerly  direction,  maintaining  as  far  as  possible 
a  distance  of  6  kilom.  from  the  Bilek-Korito-Gacko  road, 
up  to  the  'col'  between  the  Somina  Planina  and  Mount 
Curilo,  whence  it  proceeds  in  an  easterly  direction  by 
Vratkovici,  leaving  this  village  to  Herzegovina,  up  to 
Mount  Orline.  Starting  from  this  point  the  frontier, 
leaving  Ravno  to  Montenegro,  goes  straight  to  the  north- 
north-east,  crossing  the  summits  of  the  Lebergnik  and  of 
the  Volujak,  then  descends  by  the  shortest  line  on  to  the 
River  Piva,  which  it  crosses,  and  rejoins  the  River  Tara, 
passing  between  Crkvica  and  Nedvina.  From  this  point 
it  ascends  the  Tara  to  Mojkovac,  from  which  place  it 
passes  along  the  crest  of  the  ridge  as  far  as  SiSkojezero. 
Leaving  this  point,  it  coincides  with  the  former  frontier 
as  far  as  the  village  of  Sekulare.  From  there  the  new 
frontier  passes  along  the  crests  of  the  Mokra  Planina,  the 
village  of  Mokra  remaining  to  Montenegro ;  it  then  reaches 


TREATY  OF  BERLIN,  1878  347 

the  point  2166  on  the  Austrian  Staff  Map,  following  the 
principal  chain  and  the  line  of  the  watershed  between  the 
Lim  on  the  one  side,  and  the  Drin  as  well  as  the  Cievna 
(Zem)  on  the  other. 

It  then  coincides  with  the  existing  boundaries  between 
the  tribe  of  the  Kuci-Drekalovici  on  one  side,  and  the 
Kucka-Krajna,  as  well  as  the  tribes  of  the  Klementi  and 
Grudi,  on  the  other,  to  the  plain  of  Podgorica,  from  whence 
it  proceeds  towards  Plavnica,  leaving  the  Klementi,  Grudi, 
and  Hoti  tribes  to  Albania. 

Thence  the  new  frontier  crosses  the  lake  near  the  Islet 
of  Gorica-Topal,  and,  from  Gorica-Topal,  takes  a  straight 
line  to  the  top  of  the  crest,  whence  it  follows  the  watershed 
between  Megured  and  Kalimed,  leaving  Mrkovic  to  Monte- 
negro, and  reaching  the  Adriatic  at  V.  Krucl. 

On  the  north-west  the  frontier  will  be  formed  by  a  line 
passing  from  the  coast  between  the  villages  of  Sugana  and 
Zubci,  and  terminating  at  the  extreme  south-east  point  of 
the  existing  frontier  of  Montenegro  on  the  Vrsuta  Planina. 

Montenegro.  Annexation  of  Antivari  and  its  Sea-board. 
Conditions  : — Dulcigno  ;  Spizza  ;  Navigation  of  the 
Boy  ana  ;  Port  of  Antivari  ;  No  Ships  of  War  ;  No 
Flag  of  War ;  Fortifications,  Commerce,  &c. 

ARTICLE  XXIX.  Antivari  and  its  sea-board  are  annexed 
to  Montenegro  under  the  following  conditions  : — 

The  districts  situated  to  the  south  of  that  territory,  in 
accordance  with  the  delimitation  above  laid  down,  as  far 
as  the  Boyana,  including  Dulcigno,  shall  be  restored  to 
Turkey.1 

The  Commune  of  Spida,2  as  far  as  the  southernmost  point 
of  the  territory  indicated  in  the  detailed  description  of 
the  frontiers,  shall  be  incorporated  with,  Dalmatia. 

Montenegro  shall  have  full  and  complete  freedom  of 
navigation  on  the  Boyana.  No  fortifications  shall  be 
constructed  on  the  course  of  that  river  except  such  as  may 
be  necessary  for  the  local  defence  of  the  stronghold  of 

1  Dulcigno  was  annexed  to  Montenegro  by  the  Convention  of 
Konia,  November  25,  1880  ;  Hertslet,  vol.  iv,  No.  579. 

*  Spica  (or  Spizza)  was  annexed  to  the  Austrian  Kingdom  of 
Dalmatia  on  April  15,1 879  (see  Austrian  Law  of  this  date,  in  Hertslet, 
vol.  iv,  No.  544). 


348    TURKEY,  RUSSIA,  AND  BALKAN  STATES 

Scutari,  and  they  shall  not  extend  beyond  a  distance  of 
6  kilom.  from  that  town. 

Montenegro  shall  have  neither  ships  of  war  nor  flag  of 
war. 

The  port  of  Antivari  and  all  the  waters  of  Montenegro 
shall  remain  closed  to  the  ships  of  war  of  all  nations. 

The  fortifications  situated  on  Montenegrin  territory 
between  the  lake  and  the  coast  shall  be  razed,  and  none 
shall  be  rebuilt  within  this  zone. 

The  administration  of  the  maritime  and  sanitary  police, 
both  at  Antivari  and  along  the  coast  of  Montenegro,  shall 
be  carried  out  by  Austria-Hungary  by  means  of  light 
coast-guard  boats. 

Montenegro  shall  adopt  the  maritime  code  in  force  in 
Dalmatia.  On  her  side  Austria-Hungary  undertakes  to 
grant  Consular  protection  to  the  Montenegrin  merchant 
flag. 

Montenegro  shall  come  to  an  understanding  with  Austria- 
Hungary  on  the  right  to  construct  and  keep  up  across  the 
new  Montenegrin  territory  a  road  and  a  railway. 

Absolute  freedom  of  communication  shall  be  guaranteed 
on  these  roads. 

Montenegro.     Right  of  Non-resident  Mussulmans  and  others 

to  hold  Real  Property. 

ARTICLE  XXX.  Mussulmans  or  others  possessing  pro- 
perty in  the  territories  annexed  to  Montenegro,  who  may 
wish  to  take  up  their  residence  outside  the  Principality, 
can  retain  their  real  property  either  by  farming  it  out,  or 
by  having  it  administered  by  third  parties. 

Montenegro.    Indemnity  on  Expropriation. 
No  one  shall  be  liable  to  be  expropriated  otherwise  than 
by  legal  process  for  -the  public  welfare,  and  with  a  previous 
indemnity. 

Montenegro.    Turco-Montenegrin  Commission  to  settle  mode 

of  Alienation. 

A  Turco-Montenegrin  Commission  shall  be  appointed  to 
settle,  within  a  period  of  three  years,  all  questions  relative 
to  the  mode  of  alienation,  working,  or  use,  on  the  account 
of  the  Sublime  Porte,  of  property  belonging  to  the  State 


TREATY  OF  BERLIN,  1878  349 

and  religious  foundations  (Vakoufs),  as  well  as  of  the 
questions  regarding  the  interests  of  private  parties  engaged 
therein. 

Montenegro.    Appointment  of  Agents  at  Constantinople  and 

other  Places. 

ARTICLE  XXXI.  The  Principality  of  Montenegro  shall 
come  to  a  direct  understanding  with  the  Ottoman  Porte 
with  regard  to  the  establishment  of  Montenegrin  agents  at 
Constantinople,  and  at  certain  places  in  the  Ottoman 
Empire  where  the  necessity  for  them  shall  be  admitted. 

Montenegrins  travelling  in  Turkey  to  be  subject  to  Ottoman 

Laws  and  Authorities. 

Montenegrins  travelling  or  residing  in  the  Ottoman 
Empire  shall  be  subject  to  the  Ottoman  laws  and  authori- 
ties, according  to  the  general  principles  of  international 
law,. and  the  customs  established  with  regard  to  Monte- 
negrins. 

Montenegrin  Troops  to  evacuate  Turkish  Territory. 
ARTICLE  XXXII.  The  Montenegrin  troops  shall  be 
bound  to  evacuate  within  twenty  days  from  the  date  of 
the  ratification  of  the  present  Treaty,  or  sooner  if  possible, 
the  territory  that  they  occupy  at  present  beyond  the  new 
limits  of  the  Principality. 

Montenegrin  Territories  to  be  evacuated  by  Ottoman  Troops. 
The  Ottoman  Troops  shall  evacuate  the  territories  ceded 
to  Montenegro  within  the  same  period  of  twenty  days. 
A  supplementary  period  of  fifteen  days  shall,  however,  be 
granted  to  them,  as  well  for  evacuating  the  fortresses  and 
withdrawing  the  stores  and  material  of  war  from  them, 
as  for  drawing  up  inventories  of  the  implements  and 
articles  which  cannot  be"  immediately  removed. 

Montenegro.  Payment  of  portion  of  Ottoman  Public  Debt. 
ARTICLE  XXXIII.  As  Montenegro  is  to  bear  a  portion 
of  the  Ottoman  public  debt  for  the  new  territories  assigned 
to  her  by  the  Treaty  of  Peace,  the  Representatives  of  the 
Powers  at  Constantinople  shall  determine  the  amount  of 
the  same  in  concert  with  the  Sublime  Porte  on  an  equitable 
basis. 


350     TURKEY,  RUSSIA,  AND  BALKAN  STATES 

Servia.    Conditional  recognition  of  Independence. 

ARTICLE  XXXIV.  The  High  Contracting  Parties  recog- 
nize the  independence  of  the  Principality  of  Servia,  subject 
to  the  conditions  set  forth  in  the  following  Article. 

Servia.    Civil  and  Political  Rights.    Exercise  of  Professions 
and  Industries  by  all,  irrespective  of  Religious  Creeds. 

ARTICLE  XXXV.  In  Servia  the  difference  of  religious 
creeds  and  confessions  shall  not  be  alleged  against  any 
person  as  a  ground  for  exclusion  or  incapacity  in  matters 
relating  to  the  enjoyment  of  civil  and  political  rights, 
admission  to  public  employments,  functions,  and  honours, 
or  the  exercise  of  the  various  professions  and  industries,  in 
any  locality  whatsoever. 

Servia.    Freedom  of  Religious  Worship. 

The  freedom  and  outward  exercise  of  all  forms  of  worship 
shall  be  assured  to  all  persons  belonging  to  Servia,  as  well 
as  to  foreigners,  and  no  hindrance  shall  be  offered  either 
to  the  hierarchical  organization  of  the  different  com- 
munions, or  to  their  relations  with  their  spiritual  chiefs. 

Servia.    Boundaries. 

ARTICLE  XXXVI.  Servia  receives  the  territories  in- 
cluded in  the  following  delimitation  : — 

Boundary  between  Servia  and  Bosnia :   Little  Zwornik  and 

Sakhar. 

The  new  frontier  follows  the  existing  line  ascending  the 
mid-channel  of  the  Drina  from  its  confluence  with  the  Save, 
leaving  Mali  Zwornik  and  Sakhar  to  the  Principality,  and 
continues  to  follow  the  former  boundary  of  Servia  as  far 
as  the  Kopaonik,  leaving  it  at  the  summit  of  the  Kanilug. 
From  that  point  it  follows  at  first  the  western  boundary 
of  the  Sandjak  of  Nisch  by  the  southern  spur  of  the  Kopaonik, 
by  the  crests  of  the  Marica  and  Mrdar  Planina,  which  form 
the  watershed  between  the  basins  of  the  Ibar  and  Sitnica 
on  one  side,  and  that  of  the  Toplica  on  the  other,  leaving 
Piepolac  to  Turkey. 


TREATY  OF  BERLIN,  1878  351 

Boundary  between  Servia  and  Turkey  (Macedonia). 
It  then  turns  to  the  south  by  the  watershed  between 
the  Brvenica  and  the  Medvedja,  leaving  the  whole  of  the 
basin  of  the  Medvedja  to  Servia ;  follows  the  crests  of 
the  Goljak  Planina  (which  forms  the  watershed  between 
the  Kriva-Rjeka  on  one  side,  and  the  Poljanica,  Veternica, 
and  Morawa  on  the  other),  as  far  as  the  summit  of  the 
Poljanica.  It  then  follows  the  spur  of  the  Karpina  Planina 
as  far  as  the  confluence  of  the  Koinska  and  the  Morawa, 
crosses  this  river,  and  ascends  by  the  watershed  between 
the  Koinska  brook  and  the  stream  which  falls  into  the 
Morawa  near  Neradovce,  to  reach  the  Sv.  Ilija  Planina 
above  Trgoviste.  Thence  it  follows  the  crest  of  the  Sv. 
Ilija  as  far  as  Mount  Kljuc,  and  passing  by  the  points 
marked  1516  and  1547  on  the  map,  and  by  the  Babina 
Gora,  it  reaches  Mount  Crni-Vrh. 

Boundary  between  Servia  and  Bulgaria. 

From  Mount  Crni-Vrh  the  new  delimitation  coincides 
with  that  of  Bulgaria,  that  is  to  say  : — 

The  line  of  frontier  follows  the  watershed  between  the 
Struma  and  the  Morawa  by  the  summits  of  StreSer,  Vilogolo, 
and  MeSid  Planina,  rejoins  by  the  Gacina,  Crna  Trava, 
Darkovska,  and  Drainica  Plan,  then  the  DeScani  Kladanec, 
the  watershed  of  the  High  Sukowa  and  of  the  Morawa, 
goes  straight  to  the  Stol,  and  descends  from  it  so  as  to  cut 
the  road  from  Sofia  to  Pirot,  1,000  metres  north-west  of 
the  village  of  Segusa.  It  ascends  in  a  straight  line  the 
Vidli£  Planina,  and  thence  Mount  Radocina  in  the  chain 
of  the  Kod2a  Balkan,  leaving  to  Servia  the  village  of 
Doikinci,  and  to  Bulgaria  that  of  Senakos. 

From  the  summit  of  Mount  Radocina  the  frontier  follows 
towards  the  north-west  the  crest  of  the  Balkans  by  Ciprovec 
Balkan  and  Stara  Planina  up  to  the  former  eastern  frontier 
(I'ancienne  frontiere  orientate)  of  the  Principality  of  Servia, 
near  to  the  Kula  Smiljova  Cuka,  and  thence  that  former 
frontier  as  far  as  the  Danube,  which  it  joins  at  Rakovitza.1 

Servia.    Commercial  Intercourse  with  Foreign  Countries. 

ARTICLE  XXXVII.  Until  the  conclusion  of  fresh  arrange- 
ments no  change  shall  be  made  in  Servia  in  the  actual 
conditions  of  the  commercial  intercourse  of  the  Principality 
with  foreign  countries. 

1  The  names  of  places  printed  in  italics  in  this  Article  could  not 
be  identified  by  the  Boundary  Commissioners. 


352     TURKEY,  RUSSIA,  AND  BALKAN  STATES 

Servia.    No  Transit  Duties  to  be  levied. 

No  transit  duties  shall  be  levied  on  goods  passing  through 
Servia. 

Servia.   Immunities  and  Privileges  of  Foreigners.    Consular 
Jurisdiction  and  Protection. 

The  immunities  and  privileges  of  foreign  subjects,  as 
well  as  the  rights  of  Consular  jurisdiction  and  protection, 
as  at  present  existing,  shall  remain  in  full  force  so  long  as 
they  shall  not  have  been  modified  by  mutual  consent 
between  the  Principality  and  the  Powers  concerned. 

Servia.  Acceptance  of  Engagements  of  the  Porte  with  regard 
to  Railways  in  the  Principality  (Balkan  Railways). 

ARTICLE  XXXVIII.  The  Principality  of  Servia  takes 
the  place,  so  far  as  it  is  concerned,  of  the  Sublime  Porte 
in  the  engagements  which  the  latter  has  contracted  as 
well  towards  Austria-Hungary  as  towards  the  Company 
for  the  working  of  the  Railways  of  Turkey  in  Europe,  in 
respect  to  the  completion  and  connexion,  as  well  as  the 
working  of  the  Railways  to  be  constructed  on  the  territory 
newly  acquired  by  the  Principality. 

Servia.  Conventions  respecting  Railways  to  be  concluded  with 
Austria-Hungary,  the  Porte,  and  Bulgaria. 

The  Conventions  necessary  for  settling  these  questions 
shall  be  concluded,  immediately  after  the  signature  of  the 
present  Treaty,  between  Austria-Hungary,  the  Porte, 
Servia,  and,  within  the  limits  of  its  competency,  the 
Principality  of  Bulgaria. 

Servia.    Right  of  Non-resident  Mussulman  Proprietors  and 
others  to  hold  Real  Property. 

ARTICLE  XXXIX.  Mussulmans  possessing  property  in 
the  territories  annexed  to  Servia,  who  may  wish  to  reside 
outside  the  Principality,  may  retain  thMr  real  property, 
either  by  farming  it  out  or  by  having  it  administered  by 
third  parties. 


TREATY  OF  BERLIN,  1878  353 

Servia.    Appointment  of  a  Turco-Servian  Commission. 
Religious  Foundations,  &c.  (Vakoufs). 

A  Turco-Servian  Commission  shall  be  appointed  to 
settle,  within  a  period  of  three  years,  all  questions  relative 
to  the  mode  of  alienation,  working,  or  use,  on  the  account 
of  the  Sublime  Porte,  of  the  property  belonging  to  the 
State  and  religious  foundations  (Vakoufs),  as  well  as  of 
the  questions  regarding  the  interests  of  private  persons 
engaged  therein. 

Servians  travelling  or  residing  in  Turkey. 
ARTICLE  XL.    Until  the  conclusion  of  a  Treaty  between 
Turkey  and  Servia,  Servian  subjects  travelling  or  residing 
in  the  Ottoman  Empire  shall  be  treated  according  to  the 
general  principles  of  international  law. 

Servian  Troops  to  evacuate  Turkish  Territory. 
ARTICLE  XLI.    The  Servian  troops  shall  be  bound  to 
evacuate  within  fifteen  days  from  the  exchange  of  the 
ratifications  of  the  present  Treaty  the  territory  not  com- 
prised within  the  new  limits  of  the  Principality. 

Servia.  Evacuation  of  Ceded  Territories  by  Ottoman  Troops. 
The  Ottoman  troops  shall  evacuate  the  territories  ceded 
to  Servia  within  the  same  term  of  fifteen  days.  A  supple- 
mentary term  of  an  equal  number  of  days  shall,  however, 
be  granted  to  them  as  well  for  evacuating  the  fortresses 
and  withdrawing  the  provisions  and  material  of  war  as 
for  drawing  up  the  inventory  of  the  implements  and  objects 
which  cannot  be  removed  at  once. 

Servia.  Payment  of  portion  of  Ottoman  Public  Debt. 
ARTICLE  XLII.  As  Servia  is  to  bear  a  portion  of  the 
Ottoman  Public  Debt  for  the  new  territories  assigned  to 
her  by  the  present  Treaty,  the  Representatives  at  Con- 
stantinople shall  fix  the  amount  of  it  in  concert  with  the 
Sublime  Porte  on  an  equitable  basis. 

Roumania.    Conditional  recognition  of  Independence. 
ARTICLE  XLIII.   The  High  Contracting  Parties  recogniai 
the  independence  of  Roumania,  subject  to  the  conditions 
set  forth  in  the  two  following  Articles. 


1903 


A  a 


354     TURKEY,  RUSSIA,  AND  BALKAN  STATES     . 

Roumania.  Civil  and  Political  Rights.  Exercise  of  Pro- 
fessions and  Industries  by  all,  irrespective  of  Religious 
Creeds. 

ARTICLE  XLIV.  In  Roumania  the  difference  of  religious 
creeds  and  confessions  shall  not  be  alleged  against  any 
person  as  a  ground  for  exclusion  or  incapacity  in  matters 
relating  to  the  enjoyment  of  civil  and  political  rights, 
admission  to  public  employments,  functions,  and  honours, 
or  the  exercise  of  the  various  professions  and  industries  in 
any  locality  whatsoever. 

Roumania.  Freedom  of  Religious  Worship. 
The  freedom  and  outward  exercise  of  all  forms  of  worship 
shall  be  assured  to  all  persons  belonging  to  the  Roumanian 
State,  as  well  as  to  foreigners,  and  no  hindrance  shall  be 
offered  either  to  the  hierarchical  organization  of  the 
different  communions,  or  to  their  relations  with  their 
spiritual  chiefs. 

Roumania.    Equal  Treatment  to  Foreigners. 
The  subjects  and  citizens  of  all  the  Powers,  traders  or 
others,  shall  be  treated  in  Roumania,  without  distinction 
of  creed,  on  a  footing  of  perfect  equality. 

Roumania.    Restoration  to  Russia  of  portion  of  Bessarabian 

Territory,  detached  from  Russia  in  1856. 
ARTICLE  XLV.  The  Principality  of  Roumania  restores 
to  His  Majesty  the  Emperor  of  Russia  that  portion  of  the 
Bessarabian  territory  detached  from  Russia  by  the  Treaty 
of  Paris  of  1856,  bounded  on  the  west  by  the  mid-channel 
of  the  Pruth,  and  on  the  south  by  the  mid-channel  of  the 
Kilia  Branch  and  the  Stary-Stamboul  mouth. 

Roumania.     Acquisition  of  Islands  forming  Delta  of  the 

Danube  ;  the  Isle  of  Serpents ;  the  Sandjak  of  Toultcha  ; 

and  a  portion  of  Territory  to  the  South  of  the  Dobroutcha. 

ARTICLE  XLVI.    The  islands  forming  the  Delta  of  the 

Danube,  as  well  as  the  Isle  of  Serpents,  the  Sandjak  of 

Toultcha,  comprising  the  districts  (cazas)  of  Kilia,  Soulina, 

Mahmoudie,    Isaktcha,    Toultcha,    Matchin,    Babadagh, 

Hirsovo,  Kustendje,  Medjidie,  are  added  to  Roumania. 

The  Principality  receives  in  addition  the  territory  situated 


TREATY  OF  BERLIN,  1878  355 

to  the  south  of  the  Dobroutcha  as1  far  as  a  line  starting 
from  the  east  of  Silistria  and  terminating  on  the  Black 
Sea,  south  of  Mangalia. 

Roumania.    Frontier  to  be  determined  by  European  Commis- 
sion of  Bulgaria. 

The  frontier  line  shall  be  determined  on  the  spot  by 
the  European  Commission  appointed  for  the  delimitation 
of  Bulgaria. 

Roumania.   Arbitration  on  Division  of  Waters  and  Fisheries. 
ARTICLE  XLVII.    The  question  of  the  division  of  the 
waters  and  the  fisheries  shall  be  submitted  to  the  arbitra- 
tion of  the  European  Commission  of  the  Danube. 

Roumania.   No  Transit  Duties  to  be  levied. 
ARTICLE  XLVII  I.     No  transit  dues  shall  be  levied  in 
Roumania  on  goods  passing  through  the  Principality. 

Roumania.    Conclusion  of  Consular  Conventions  with  regard 

to  Protection.  Maintenance  of  existing  Rights. 
ARTICLE  XLIX.  Roumania  shall  have  power  to  make 
Conventions  to  determine  the  privileges  and  attributes  of 
Consuls  in  regard  to  protection  within  the  Principality. 
Existing  rights  shall  remain  in  force  so  long  as  they  shall 
not  have  been  modified  by  the  mutual  consent  of  the 
Principality  and  the  parties  concerned. 

Roumania.    Rights  of  respective  Subjects  travelling  or  residing 

in  Turkey  and  in  Roumania. 

ARTICLE  L.  Until  the  conclusion  of  a  Treaty  between 
Turkey  and  Roumania,  fixing  the  privileges  and  attributes 
of  Consuls,  Roumanian  subjects  travelling  or  residing  in 
the  Ottoman  Empire,  and  Ottoman  subjects  travelling  or 
residing  in  Roumania,  shall  enjoy  the  rights  guaranteed  to 
the  subjects  of  other  European  Powers. 

Roumania.    Liability  for  Public  Works  and  Enterprises  in 

Ceded  Territory. 

ARTICLE  LI.  With  regard  to  public  works  and  other 
enterprises  of  a  like  nature,  Roumania  shall  be  substituted 
for  the  Sublime  Porte  as  regards  its  rights  and  obligations 
throughout  the  ceded  territory. 

Aa  2 


356     TURKEY,  RUSSIA,  AND  BALKAN  STATES 

Danube.  Fortresses  and  Fortifications  to  be  razed.  Vessels 
of  War  not  to  navigate  the  River  below  the  Iron  Gates. 
Exceptions. 

ARTICLE  LII.  In  order  to  increase  the  guarantees  which 
assure  the  freedom  of  navigation  on  the  Danube  which  is 
recognized  as  of  European  interest,  the  High  Contracting 
Parties  determine  that  all  the  fortresses  and  fortifications 
existing  on  the  course  of  the  river  from  the  Iron  Gates  to 
its  mouths  shall  be  razed,  and  no  new  ones  erected.  No 
vessel  of  war  shall  navigate  the  Danube  below  the  Iron 
Gates  with  the  exception  of  vessels  of  light  tonnage  in  the 
service  of  the  river  police  and  Customs.  The  '  station- 
naires '  of  the  Powers  at  the  mouths  of  the  Danube  may, 
however,  ascend  the  river  as  far  as  Galatz. 

Danube.  European  Commission  to  be  maintained.  Roumania 
to  be  represented  thereon.  Extension  to  Galatz.  Treaties, 
&c.,  confirmed. 

ARTICLE  LIII.  The  European  Commission  of  the  Danube 
on  which  Roumania  shall  be  represented  is  maintained  in 
its  functions,  and  shall  exercise  them  henceforth  as  far  as 
Galatz  in  complete  independence  of  the  territorial  authori- 
ties. All  the  Treaties,  arrangements,  acts,  and  decisions 
relating  to  its  rights,  privileges,  prerogatives,  and  obliga- 
tions are  confirmed. 

Danube.  Prolongation  of  Powers  of  European  Commission. 
ARTICLE  LIV.  One  year  before  the  expiration  of  the 
term  assigned  for  the  duration  of  the  European  Commis- 
sion (24  April,  1883)  the  Powers  shall  come  to  an  under- 
standing as  to  the  prolongation  of  its  powers,  or  the 
modifications  which  they  may  consider  necessary  to 
introduce. 

Danube.  Regulations  respecting  Navigation,  &c.,  from  Iron 
Gates  to  Galatz  to  be  drawn  up  by  European  Commission 
and  Delegates  of  Riverain  States. 

ARTICLE  LV.  The  regulations  respecting  navigation, 
river  police,  and  supervision  from  the  Iron  Gates  to  Galatz 
shall  be  drawn  up  by  an  European  Commission,  assisted 
by  Delegates  of  the  Riverain  States,  and  placed  in  harmony 
with  those  which  have  been  or  may  be  issued  for  the  portion 
of  the  river  below  Galatz. 


TREATY  OF  BERLIN,  1878  357 

Danube  Commission.    Lighthouse  on  Isle  of  Serpents. 
ARTICLE  LVI.    The  European  Commission  of  the  Danube 
shall  come  to  an  arrangement  with  the  proper  authorities 
to  ensure  the  maintenance  of  the  lighthouse  on  the  Isle 
of  Serpents. 

Danube.    Execution  of  Works  at  Iron  Gates  and  Cataracts 

entrusted  to  Austria- Hungary. 

ARTICLE  LVII.  The  execution  of  the  works  which  have 
for  their  object  the  removal  of  the  obstacles  which  the 
Iron  Gates  and  the  Cataracts  place  in  the  way  of  naviga- 
tion is  entrusted  to  Austria-Hungary.  The  Riverain 
States  on  this  part  of  the  river  shall  afford  every  facility 
which  may  be  required  in  the  interest  of  the  works. 

Danube.    Provisional  Tax  maintained  in  favour  of  Austria- 
Hungary. 

The  provisions  of  the  Vlth  Article  of  the  Treaty  of 
London  of  the  I3th  March  1871,  relating  to  the  right 
of  levying  a  provisional  tax  in  order  to  cover  the  cost  of 
these  works,  are  maintained  in  favour  of  Austria-Hungary. 

Asia.  Cessions  by  Turkey  to  Russia.  Ardahan,  Kars, 
Batoum,  &c.  Frontier  Line. 

ARTICLE  LVI II.  The  Sublime  Porte  cedes  to  the  Russian 
Empire  in  Asia  the  territories  of  Ardahan,  Kars,  and 
Batoum,  together  with  the  latter  port,  as  well  as  all  the 
territories  comprised  between  the  former  Russo-Turkish 
frontier  and  the  following  line  : — 

The  new  frontier  starting  from  the  Black  Sea,  and 
coinciding  with  the  line  laid  down  by  the  Treaty  of  San 
Stefano  as  far  as  a  point  to  the  north-west  of  Khorda,  and 
to  the  south  of  Artwin,  continues  in  a  straight  line  as  far 
as  the  River  Tchoroukh,  crosses  this  river  and  passes  to 
the  east  of  Aschmichen,  going  in  a  straight  line  to  the 
south  so  as  to  rejoin  the  Russian  frontier  indicated  in  the 
Treaty  of  San  Stefano,  at  a  point  to  the  south  of  Nariman, 
leaving  the  town  of  Olti  to  Russia.  From  the  point  indi- 
cated near  Nariman  the  frontier  turns  to  the  east,  passes 
by  Tebrenec,  which  remains  to  Russia,  and  continues  as 
far  as  the  Pennek  Tschai. 

It  follows  this  river  as  far  as  Bardouz,  then  turns  towards 


358   .  TURKEY,  RUSSIA,  AND  BALKAN  STATES 

the  south,  leaving  Bardouz  and  Jonikioy  to  Russia.  From 
a  point  to  the  west  of  the  village  of  Karaougan,  the  frontier 
takes  the  direction  of  Medjingert,  continues  in  a  straight 
line  towards  the  summit  of  the  Mountain  Kassadagh,  and 
follows  the  line  of  the  watershed  between  the  affluents  of 
the  Araxes  on  the  north  and  those  of  the  Mourad  Sou  on 
the  south,  as  far  as  the  former  frontier  of  Russia. 

Asia.    Batoum  to  be  a  Free  Port. 

ARTICLE  LIX.  His  Majesty  the  Emperor  of  Russia 
declares  that  it  is  his  intention  to  constitute  Batoum 
a  free  port,  essentially  commercial. 

Asia.     Valley  of  Alaschkerd  and  Town  of  Bayazid  restored 
to  Turkey. 

ARTICLE  LX.  The  valley  of  Alaschkerd  and  the  town  of 
Bayazid,  ceded  to  Russia  by  Article  XIX  of  the  Treaty 
of  San  Stefano,  are  restored  to  Turkey. 

Asia.    Cession  of  Khotour  by  Turkey  to  Persia. 

The  Sublime  Porte  cedes  to  Persia  the  town  and  territory 
of  Khotour,  as  fixed  by  the  mixed  Anglo-Russian  Com- 
mission for  the  delimitation  of  the  frontiers  of  Turkey  and 
of  Persia. 

Asia.  Improvements  and  Reforms  in  favour  of  Armenians. 
Protection  against  Circassians  and  Kurds.  The  Powers 
to  be  kept  periodically  informed. 

ARTICLE  LXI.  The  Sublime  Porte  undertakes  to  carry 
out,  without  further  delay,  the  improvements  and  reforms 
demanded  by  local  requirements  in  the  provinces  inhabited 
by  the  Armenians,  and  to  guarantee  their  security  against 
the  Circassians  and  Kurds. 

It  will  periodically  make  known  the  steps  taken  to  this 
effect  to  the  Powers,  who  will  superintend  their  applica- 
tion. 

Religious  Liberty. 

ARTICLE  LXII.  The  Sublime  Porte  having  expressed 
the  intention  to  maintain  the  principle  of  religious  liberty, 
and  give  it  the  widest  scope,  the  Contracting  Parties  take 
note  of  this  spontaneous  declaration. 


TREATY  OF  BERLIN,  1878  359 

Religion.  Equal  Civil  and  Political  Rights. 
In  no  part  of  the  Ottoman  Empire  shall  difference  of 
religion  be  alleged  against  any  person  as  a  ground  for 
exclusion  or  incapacity  as  regards  the  discharge  of  civil 
and  political  rights,  admission  to  the  public  employments, 
functions  and  honours,  or  the  exercise  of  the  various 
professions  and  industries. 

Religion.    Evidence  before  Tribunals. 
All  persons  shall  be  admitted,  without  distinction  of 
religion,  to  give  evidence  before  the  tribunals. 

Religious  Worship. 

The  freedom  and  outward  exercise  of  all  forms  of  worship 
are  assured  to  all,  and  no  hindrance  shall  be  offered  either 
to  the  hierarchical  organization  of  the  various  communions 
or  to  their  relations  with  their  spiritual  chiefs. 

Religion.    Equal  Rights  to  all  Ecclesiastics,  &c.,  travelling 

in  Turkey. 

Ecclesiastics,  pilgrims,  and  monks  of  all  nationalities 
travelling  in  Turkey  in  Europe,  or  in  Turkey  in  Asia,  shall 
enjoy  the  same  rights,  advantages,  and  privileges. 

Religion.     Protection  of  Ecclesiastics,   &c.,  by  Diplomatic 

and  Consular  Agents  of  the  Powers. 

The  right  of  official  protection  by  the  Diplomatic  and 
Consular  Agents  of  the  Powers  in  Turkey  is  recognized 
both  as  regards  the  above-mentioned  persons  and  their 
religious,  charitable,  and  other  establishments  in  the  Holy 
Places  and  elsewhere. 

Religion.     Rights  of  France  and  status  quo  in  Holy  Places. 
The  rights  possessed  by  France  are  expressly  reserved, 
and  it  is  well  understood  that  no  alterations  can  be  made 
in  the  status  quo  in  the  Holy  Places. 

Religion.    Rights  and  Prerogatives  of  all  Monks  of  Mount 

Athos. 

The  monks  of  Mount  Athos,  of  whatever  country  they 
may  be  natives,  shall  be  maintained  in  their  former  posses- 
sions and  advantages,  and  shall  enjoy,  without  any  excep- 
tion, complete  equality  of  rights  and  prerogatives. 


360     TURKEY,  RUSSIA,  AND  BALKAN  STATES 

Maintenance  of  Treaties  of  30  March,  1856,  and  13  March, 
1871  (Dardanelles  and  Bosphorus,  &c.). 

ARTICLE  LXIII.  The  Treaty  of  Paris  of  March  30,  1856, 
as  well  as  the  Treaty  of  London  of  March  13,  1871,  are 
maintained  in  all  such  of  their  provisions  as  are  not  abro- 
gated or  modified  by  the  preceding  stipulations. 

Ratifications. 

ARTICLE  LXIV.  The  present  Treaty  shall  be  ratified, 
and  the  Ratifications  exchanged  at  Berlin  within  three 
weeks,  or  sooner  if  possible. 

In  faith  whereof  the  respective  Plenipotentiaries  have 
signed  it,  and  affixed  to  it  the  seal  of  their  arms. 

Done  at  Berlin,  the  thirteenth  day  of  the  month  of  July, 
one  thousand  eight  hundred  and  seventy-eight. 

(L.S.)  BEACONSFIELD. 

(L.S.)  SALISBURY. 

(L.S.)  ODO  RUSSELL. 

(L.S.)  v.  BISMARCK. 

(L.S.)  BULOW. 

(L.S.)  HOHENLOHE. 

(L.S.)  ANDRASSY. 

(L.S.)  KAROLYI. 

(L.S.)  HAYMERLE. 

(L.S.)  WADDINGTON. 

(L.S.)  SAINT-VALLIER. 

(L.S.)  H.  DESPREZ. 

(L.S.)  L.  CORTI. 

(L.S.)  LAUNAY. 

(L.S.)  GORTCHAKOW. 

(L.S.)  SCHOUVALOFF. 

(L.S.)  P.  D'OUBRIL. 

(L.S.)  AL.  CARATHfiODORY. 

(L.S.)  MEHEMED  ALL 

(L.S.)  SADOULLAH. 


TREATY  OF  LONDON,  1913  361 

TREATY  OF  PEACE  BETWEEN  GREECE,  BULGARIA,  MONTE- 
NEGRO, SERBIA  ON  THE  ONE  PART,  AND  TURKEY  ON 
THE  OTHER  PART.  London,  May  17/30,  IQI3.1 

ARTICLE  I.  There  will  be  from  the  date  of  the  exchange 
of  the  ratifications  of  the  present  treaty,  peace  and  friend- 
ship between  His  Majesty  the  Emperor  of  the  Ottomans 
on  the  one  part,  and  their  Majesties  the  Allied  Sovereigns 
on  the  other  part,  as  well  as  between  their  heirs  and 
successors,  their  States  and  respective  subjects  in  per- 
petuity. 

ARTICLE  II.  His  Majesty  the  Emperor  of  the  Ottomans 
cedes  to  their  Majesties  the  Allied  Sovereigns  all  the 
territories  of  his  Empire  on  the  continent  of  Europe  to  the 
west  of  a  line  drawn  from  Enos  on  the  Aegean  Sea  to  Midia 
on  the  Black  Sea  with  the  exception  of  Albania.  The  exact 
line  of  the  frontier  from  Enos  to  Midia  will  be  determined 
by  an  international  commission. 

ARTICLE  III.  His  Majesty  the  Emperor  of  the  Ottomans 
and  their  Majesties  the  Allied  Sovereigns  declare  that  they 
remit  to  His  Majesty  the  Emperor  of  Germany,  His  Majesty 
the  Emperor  of  Austria,  the  President  of  the  French 
Republic,  His  Majesty  the  King  of  Great  Britain  and 
Ireland,  and  His  Majesty  the  Emperor  of  All  the  Russias, 
the  care  of  settling  the  delimitation  of  the  frontiers  of 
Albania  and  all  other  questions  concerning  Albania. 

ARTICLE  IV.  His  Majesty  the  Emperor  of  the  Ottomans 
declares  that  he  cedes  to  their  Majesties  the  Allied  Sove- 
reigns the  Isle  of  Crete,  and  that  he  renounces  in  their 
favour  all  the  rights  of  sovereignty  and  other  rights  which 
he  possessed  on  that  Isle. 

ARTICLE  V.  His  Majesty  the  Emperor  of  the  Ottomans 
and  their  Majesties  the  Allied  Sovereigns  declare  that  they 
confide  to  His  Majesty  the  -Emperor  of  Germany,  His 
Majesty  the  Emperor  of  Austria,  the  President  of  the 
French  Republic,  His  Majesty  the  King  of  Great  Britain 
and  Ireland,  His  Majesty  the  King  of  Italy,  and  His 
Majesty  the  Emperor  of  All  the  Russias  the  task  of  decid- 
ing the  destiny  of  all  the  Ottoman  isles  of  the  Aegean  Sea 
excepting  Crete,  and  of  the  Peninsula  of  Mount  Athos. 

ARTICLE  VI.  His  Majesty  the  Emperor  of  the  Ottomans 
and  their  Majesties  the  Allied  Sovereigns  declare  that  they 
1  In  French.  Nouveau  Recueil,  3me  s6rie.  t.  viii. 


362    TURKEY,  RUSSIA,  AND  BALKAN  STATES 

remit  the  task  of  regulating  questions  of  a  financial  kind 
resulting  from  the  state  of  war  just  finished  and  from  the 
territorial  cession  above  mentioned,  to  the  International 
Commission  convened  at  Paris,  to  which  they  have  deputed 
their  representatives. 

TREATY  OF  PEACE  BETWEEN  ROUMANIA,  GREECE,  MONTE- 
NEGRO, SERBIA,  AND  BULGARIA.  Bucharest,  July  28/ 
August  10, 


ARTICLE  I.  There  will  be  from  the  date  of  the  day  of 
the  exchange  of  the  ratifications  of  the  present  treaty, 
peace  and  friendship  between  His  Majesty  the  King  of 
Roumania,  His  Majesty  the  King  of  the  Hellenes,  His 
Majesty  the  King  of  Montenegro,  His  Majesty  the  King 
of  Serbia,  His  Majesty  the  King  of  the  Bulgarians,  as 
well  as  between  their  heirs  and  successors,  their  States 
and  respective  subjects. 

ARTICLE  II.  Between  the  Kingdom  of  Bulgaria  and  the 
Kingdom  of  Roumania,  the  old  frontier  between  the  Danube 
and  the  Black  Sea  is,  conformably  with  the  proces-verbal 
drawn  up  by  the  respective  military  delegates  and  annexed 
to  the  Protocol  No.  5  of  the  22nd  of  July  (August  4th), 
1913,  of  the  Conference  of  Bucharest,  rectified  in  the  follow- 
ing manner  : 

The  new  frontier  will  start  from  the  Danube  above 
Turtukaia  and  terminate  at  the  Black  Sea  to  the  South 
of  Ekrene. 

Between  these  two  extreme  points  the  line  of  the  frontier 
will  follow  the  line  indicated  on  the  maps  i/ioo.ooo  and 
I,  200.000  of  the  Roumanian  General  Staff,  and  according 
to  the  description  annexed  to  the  present  article.2 

It  is  formally  understood  that  Bulgaria  will  dismantle 
within  two  years  at  latest  the  existing  fortifications,  and 
will  construct  no  others  at  Roustchouk,  at  Schoumla,  in 
the  country  between,  and  in  a  zone  of  twenty  kilometres 
round  Baltchik. 

A  mixed  commission,  composed  of  representatives  of 
the  two  High  Contracting  Parties,  in  equal  numbers  of 

1  In  French.    Nouveau  Recueil,  3me  serie,  t.  viii. 

*  The  Annexes  to  the  Treaty,  along  with  the  official  text  of  the 
Treaty  itself,  will  be  found  in  '  Le  Traite  de  Paix  de  Bucarest  du 
28  Juillet  (10  Aout)  1913'  —  Bucarest,  Imprimerie  de  l'£tat,  1913. 


TREATY  OF  BUCHAREST,  1913     363 

both  sides,  will  be  charged,  in  the  fortnight  following  the 
signature  of  the  present  Treaty,  to  execute  on  the  land 
a  tracing  of  the  new  frontier,  conformably  to  the  preceding 
stipulations.  This  commission  will  preside  at  the  partition 
of  the  funds  and  capitals  which  have  belonged  till  now  in 
common  to  districts,  communes,  or  communities  of  inhabi- 
tants separated  by  the  new  frontier.  In  case  of  disagree- 
ment over  the  tracing  and  the  measures  for  executing  it, 
the  two  High  Contracting  Parties  engage  to  address  them- 
selves to  a  third  friendly  Government  to  beg  it  to  appoint 
an  arbiter  whose  decision  on  the  points  in  dispute  shall  be 
considered  as  final. 

ARTICLE  III.  Between  the  Kingdom  of  Bulgaria  and 
the  Kingdom  of  Serbia,  the  frontier  will  follow  conform- 
ably with  the  proces-verbal  drawn  up  by  the  respective 
military  delegates  and  annexed  to  the  Protocol  No.  9  of 
the  25th  of  July  (August  7th),  1913,  of  the  Conference 
of  Bucharest,  the  following  line  : 

The  frontier  line  will  start  from  the  old  frontier  from 
the  summit  of  Patarica,  will  follow  the  old  Turco-Bulgarian 
frontier  and  the  line  of  the  watershed  between  the  Vardar 
and  the  Strouma,  with  the  exception  of  the  upper  valley 
of  the  Stroumitza,  which  will  remain  on  Serbian  territory  ; 
it  will  terminate  at  the  Belasica  Mountain,  where  it  will 
bend  back  to  the  Graeco-Bulgarian  frontier.  A  detailed 
description  of  this  frontier  and  its  indication  on  the  map 
1/200.000  of  the  Austrian  General  Staff  are  annexed  to  the 
present  article. 

A  mixed  commission,  composed  of  representatives  of 
the  two  High  Contracting  Parties,  in  equal  number  on 
both  sides,  will  be  charged,  in  the  fortnight  following  the 
signature  of  the  present  Treaty,  with  executing  on  the  land 
a  tracing  of  the  new  frontier,  conformably  to  the  preceding 
stipulations.  This  commission  will  preside  at  the  partition 
of  the  funds  and  capitals  which  have  belonged  till  now  in 
common  to  districts,  communes,  or  communities  of  inhabi- 
tants separated  by  the  new  frontier.  In  case  of  disagree- 
ment over  the  tracing  and  the  measures  for  executing  it, 
the  two  High  Contracting  Parties  engage  to  address  them- 
selves to  a  third  friendly  Government  to  beg  it  to  appoint 
an  arbiter  whose  decision  on  the  points  in  dispute  shall  be 
considered  as  final. 

ARTICLE  IV.    The  questions  relative  to  the  old  Serbo- 


364     TURKEY,  RUSSIA,  AND  BALKAN  STATES 

Bulgarian  frontier  will  be  regulated  according  to  the 
understanding  agreed  upon  by  the  two  High  Contracting 
Parties  stated  in  the  Protocol  annexed  to  the  present 
article. 

ARTICLE  V.  Between  the  Kingdom  of  Greece  and  the 
Kingdom  of  Bulgaria  the  frontier  will  follow  conformably 
with  the  proces-verbal  drawn  up  by  the  respective  military 
Delegates  and  annexed  to  the  Protocol  No.  9  of  the  25th 
of  July  (August  7th),  1913,  of  the  Conference  of  Bucharest, 
the  following  line  : 

The  frontier  line  shall  start  from  the  new  Serbo-Bulgarian 
frontier  on  the  summit  of  Belagica  planina,  to  terminate 
at  the  mouth  of  the  Mesta  on  the  Aegean  Sea. 

Between  these  two  extreme  points,  the  frontier  line  will 
follow  the  tracing  indicated  on  the  map  1/200.000  of  the 
Austrian  General  Staff  and  according  to  the  description 
annexed  to  the  present  article. 

A  mixed  commission,  composed  of  representatives  of 
the  two  High  Contracting  Parties,  in  equal  numbers  of 
both  sides,  will  be  charged,  in  the  fortnight  following  the 
signature  of  the  present  Treaty,  to  execute  on  the  land 
a  tracing  of  the  new  frontier,  conformably  to  the  preceding 
stipulations.  This  commission  will  preside  at  the  partition 
of  the  funds  and  capitals  which  have  belonged  till  now  in 
common  to  districts,  communes,  or  communities  of  inhabi- 
tants separated  by  the  new  frontier.  In  case  of  disagree- 
ment over  the  tracing  and  the  measures  for  executing  it, 
the  two  High  Contracting  Parties  engage  to  address  them- 
selves to  a  third  friendly  Government  to  beg  it  to  appoint 
an  arbiter  whose  decision  on  the  points  in  dispute  shall 
be  considered  as  final. 

It  is  formally  understood  that  Bulgaria  desists  from 
henceforth,  from  every  pretension  to  the  Isle  of  Crete. 

ARTICLE  VI.  The  General  Quarters  of  the  respective 
armies  shall  be  immediately  informed  of  the  signature  of 
the  present  Treaty.  The  Bulgarian  Government  engages 
to  reduce  its  army,  on  the  day  after  this  notification,  to 
a  peace  footing.  It  will  dispatch  its  troops  to  their  garrisons, 
whither  they  will  proceed,  with  the  smallest  delay,  the 
various  reserves  being  sent  back  to  their  homes. 

Troops  whose  place  of  garrison  is  situated  within  the 
zone  of  occupation  of  the  army  of  one  of  the  High  Contract- 
ing Powers,  will  be  directed  to  another  point  of  the  old 


TREATY  OF  BUCHAREST,  1913     365 

Bulgarian  territory,  and  will  only  be  able  to  go  to  their 
usual  place  of  garrison  after  the  evacuation  of  the  zone  of 
occupation  above  mentioned. 

ARTICLE  VII.  The  evacuation  of  the  Bulgarian  territory, 
both  old  and  new,  will  commence  immediately  after  the 
demobilization  of  the  Bulgarian  army,  and  will  be  completed 
at  the  latest  within  the  fortnight. 

During  this  delay,  for  the  Roumanian  army,  the  zone  of 
demarcation  will  be  indicated  by  the  line  Sistov-Lovcea- 
Turski-Iz  vor  -  Glozene  -  Zlatitza  -  Mirko  vo  -  Araba  -Konak  - 
Orchania-Mezdra-Vratza-Berkovitza-Lom-Danube. 

ARTICLE  VIII.  During  the  occupation  of  the  Bulgarian 
territories,  the  different  armies  will  keep  the  right  of  requisi- 
tion, on  condition  of  payment  in  coin. 

They  will  have  the  free  use  of  the  railway  lines  for  the 
transport  of  troops  and  supplies  of  every  kind,  without 
there  being  any  ground  for  indemnity  to  the  local  authority. 

The  sick  and  wounded  shall  be  under  the  safeguard  of 
the  said  armies. 

ARTICLE  IX.  As  soon  as  possible  after  the  exchange  of 
the  ratifications  of  the  present  Treaty,  all  the  prisoners 
of  war  shall  be  reciprocally  given  back. 

The  Governments  of  the  High  Contracting  Parties  shall 
each  appoint  special  Commissioners  charged  with  receiving 
the  prisoners. 

All  the  prisoners  in  the  hands  of  one  of  the  Governments 
shall  be  delivered  to  the  commissioner  of  the  Government 
to  which  they  belong  or  to  his  representative  duly  authorized, 
at  the  place  which  shall  be  fixed  by  the  interested  parties. 

The  Governments  of  the  High  Contracting  Parties  shall 
respectively  present  one  to  the  other,  and  as  soon  as  possible 
after  the  release  of  all  the  prisoners,  a  statement  of  the 
direct  expenses  incurred  by  it  for  the  care  and  entertain- 
ment of  the  prisoners,  from  the  date  of  their  capture  or 
surrender  until  that  of  their  death  or  release.  Computation 
shall  be  made  between  the  sums  due  by  Bulgaria  to  one  of 
the  other  High  Contracting  Parties  and  those  due  by  these 
to  Bulgaria,  and  the  difference  shall  be  paid  to  the  creditor 
Government  as  soon  as  possible  after  the  exchange  of  the 
statements  of  expenses  above  mentioned. 

ARTICLE  X.  The  present  Treaty  shall  be  ratified,  and 
the  ratifications  of  it  shall  be  exchanged  at  Bucharest 
within  the  space  of  fifteen  days  or  as  soon  as  can  be  done. 


366     TURKEY,  RUSSIA,  AND  BALKAN  STATES 


In  faith  of  which,  the  respective  Plenipotentiaries  have 
signed  it  and  have  affixed  their  seals  to  it. 

Made  at  Bucarest  the  28th  day  of  the  month  of  July 
(loth  day  of  the  month  of  August)  of  the  year  1913. 


(Signed) 

For  Roumanian 

(L.S.)  T.  MAIORESCO.  (L.S.) 

AL.  MARGHILOMAN. 

TAKE  JONESCO. 

C.  G.  DISSESCO. 

GENERAL  AIDE-DE- 
CAMP COANDA. 

COLONEL  C.  CHRIS- 
TESCO. 

For  Greece : 
(L.S.)  E.  K.  VENISELOS.        (L.S.) 


D.  PANAS. 
N.  POLITIS. 
CAPITAINE  A.  EXADAC- 

TYLOS. 
CAPITAINE  C.  PALI. 


For  Serbia : 

NIK.  P.  PACHITCH. 
M.  G.  RISTITCH. 
M.  SPALAIKOVITCH. 
COLONEL    K.    SMILIA- 

NITCH. 
LT.-COLONEL  D. 

KALAFATOVITCH. 


For  Bulgaria : 
D.  TONTCHEFF. 
GENERAL  FITCHEFF. 
DR.  S.  IVANTCHOFF. 
S.  RADEFF. 
Lx. -COLONEL  STAN- 

CIOFF. 


For  Montenegro : 

(L.S.)  GENERAL  SERDAR  I.  VOUKOTITCH. 
Y.  MATANOVITCH. 


CHAPTER  XII 
THE   TRIPLE   ALLIANCE 

Tension  between  Germany  and  France,  after  1871  — Tension  between 
Germany  and  Russia  after  1878  —  Austro-German  Alliance. 
1879  —  Publication,  1888  —  Accession  of  Italy  —  Accession  of 
Ron  mania  —  The  question  of  casus  foederis,  1914  —  Form  of 
the  Italian  accessions  to  Triple  Alliance  —  Evidence  from  Turco- 
Italian  War,  1911-12  —  The  Austro-Serbian  War,  1914. 

Texts  i  The  Treaty  of  Vienna  (1879)  —  The  Triple  Alliance  (1903). 

AFTER  the  Franco-German  War  the  centre  of  gravity 
in  continental  politics  was  transferred  from  Paris  to  Berlin. 
Peace  and  alliances  were  the  order  of  the  day  in  the  place 
of  rumours  of,  and  preparations  for,  war.  It  is  true  that 
at  one  period  in  1875  Germany,  disturbed,  it  was  said,  by 
the  marvellous  recuperative  power  manifested  by  France 
ever  since  the  conclusion  of  the  Peace  of  Frankfort,  dis- 
played a  certain  liveliness  which  gave  rise  to  some  anxiety 
in  Europe,  but  the  pacifying  influence  exercised  by  Great 
Britain  and  Russia  on  that  occasion  smoothed  matters 
over,  and  the  apprehended  difficulties  were  removed. 

No  sooner  was  the  German  Emperor  established  on  his 
imperial  throne  than  the  Emperor  of  Austria  visited  him 
at  Berlin  in  order  to  draw  closer  the  bonds  of  friendship 
which  united  the  two  crowns.  In  the  same  manner  the 
Tsar  of  Russia  manifested  that  he  was  still  animated  with 
the  traditions  of  the  Holy  Alliance.  Later  on  the  King 
of  Italy  visited  Berlin,  and  many  other  European  States 
sought  the  friendship  of  the  new  Empire.  In  1872  the 
Emperors  of  Austria  and  Russia  met  the  Kaiser  at  Berlin, 
where  the  arrangement  known  as  the  Dreikaiserbund  was 
come  to,  concerning  which  Prince  Gorchakoff,  who  accom- 


368  THE  TRIPLE  ALLIANCE 

panied  his  master,  remarked  that  the  best  thing  about  the 
meeting  was  that  nothing  had  been  reduced  to  writing. 

The  Bulgarian  troubles  in  1876,  the  ensuing  war  between 
Russia  and  Turkey,  and  the  subsequent  Congress  of  the 
Powers  in  1878  at  Berlin  have  already  been  treated  of. 
It  only  remains  to  surmise  that  the  military  successes  of 
Russia  in  the  war  and  her  acquisition  of  territory  in  Asia 
Minor  and  on  the  Danube,  as  well  as  her  increasing 
influence  in  the  Balkans,  contributed  to  render  the  Drei- 
kaiserbund  less  satisfying  in  the  view  of  the  other  two 
parties  to  it ;  and  that  Russia,  robbed  by  the  Treaty 
of  Berlin  of  some  of  the  spoils  of  victory,  regarded 
Germany,  as  part  author  of  the  treaty,  with  eyes  less 
friendly  than  of  yore.  It  seems  certain  that  the  mutual 
confidence  of  Russia  and  Germany  received  a  shock,  and 
rumours  of  strained  relations  filled  the  air.  But  the 
meeting  of  the  Tsar  and  the  Kaiser  at  Alexandrovo  in 
1879  seemed  to  have  removed  the  tension  :  '  Peace  is 
again  secured ! '  exclaimed  the  Kaiser.  Nevertheless, 
Bismarck,  shortly  afterwards,  visited  Vienna,  whence  in 
due  course  he  returned  to  Berlin  with  a  Treaty  of  Defensive 
Alliance,  dated  October  7, 1879,  concluded  between  Austria 
and  Germany,  and  mainly  directed  against  Russia. 

According  to  the  stipulation  in  Article  III,  the  Treaty, 
'  in  conformity  with  its  peaceful  character  and  to  avoid 
any  misinterpretation ',  v/as  kept  secret.  This  secrecy 
was  maintained  until  the  year  1888,  when,  for  the  same 
reasons,  the  two  Governments  determined  to  make  it 
public. 

It  was  published  in  the  Berlin  Official  Gazette  of  Feb- 
ruary 3, 1888,  with  the  following  introductory  note 1 : 

1  The  Governments  of  Germany  and  of  the  Austro- 
Hungarian  Monarchy  have  determined  upon  the  publica- 
tion of  the  Treaty  concluded  between  them  on  the  7th 
October  1879,  in  order  to  put  an  end  to*  doubts  which 
1  State  Papers,  vol.  Ixxiii,  p.  270. 


ACCESSION  OF  ITALY  369 

have  been  entertained  in  various  quarters  of  its  purely 
defensive  character,  and  have  been  turned  to  account  for 
various  ends.  The  two  allied  Governments  are  guided  in 
their  policy  by  the  endeavour  to  maintain  peace  and  to 
guard,  as  far  as  possible,  against-  its  disturbance ;  they 
are  convinced  that  by  making  the  contents  of  their  Treaty 
of  Alliance  generally  known  they  will  exclude  all  possibility 
of  doubt  on  this  point,  and  have  therefore  resolved  to 
publish  it.' 

Italy  acceded  to  this  treaty  in  1882,  although  this  fact 
is  not  alluded  to  in  the  above  communication  ;  and  this 
tripartite  arrangement  is  generally  known  as  the  Triple 
Alliance.  Roumania  also  joined  the  group  of  the  Triple 
Alliance  in  1883,  and  repudiated  it  on  August  30,  I9I6.1 

On  the  outbreak  of  the  European  War  in  1914,  in  reply 
to  the  German  Government's  intimation  of  the  fact  that 
ultimatums  had  been  presented  to  France  and  Russia,  and 
to  the  question,  what  were  the  intentions  of  Italy,  the 
Italian  Government  replied  :  '  The  war  undertaken  by 
Austria  and  the  consequences  which  may  result,  had,  in 
the  words  of  the  German  Ambassador  himself,  an  aggres- 
sive object.  Both  were  therefore  in  conflict  with  the 
purely  defensive  character  of  the  Triple  Alliance,  and  in 
such  circumstances  Italy  would  remain  neutral.'  2  In  fact 
the  war  was  not  a  defensive  but  an  aggressive  war,  and 
for  this  reason  the  casus  foederis  under  the  terms  of  the 
Triple  Alliance  did  not  arise.  The  purely  defensive  char- 
acter of  the  compact  seems  therefore  to  be  established. 

What  particular  form  was  assumed  by  the  Italian 
Accession  in  May  1882  to  the  Austro-German  Alliance 
is  doubtful.  No  substantive  document  in  this  connexion 
appears  to  have  been  made  public.  It  may  have  been 
effected  by  means  of  a  diplomatic  note  or  unilateral 

1  Mowat,  Select  Treaties,  pp.  124-5,  129-32. 
•  Parliamentary  Paper,  'Miscellaneous  No.  6  (1914)',  C.  7467, 
P- 75- 

W<»  B  b 


370  THE  TRIPLE  ALLIANCE 

declaration,  which  perhaps  merely  announced  the  fact  of 
the  accession  without  reciting  the  terms  of  the  compact. 
On  a  subsequent  renewal  of  the  Alliance,  however,  it  is  in 
evidence  that  in  1903  Italy  signed  a  treaty  with  Austria 
(to  which  Germany  was  also  a  party),  of  which  the  stipu- 
lations in  some  respects  differed  from  and  were  in  excess 
of  those  of  the  original  dual  Alliance  of  1879.  Portions  of 
this  treaty  were  published  by  the  Austrian  Government 
in  1915,  and  reproduced  in  The  Times  newspaper  of  June  I 
of  that  year.1 

The  articles  (or  clauses  as  they  were  there  called)  so 
published  were  three  in  number,  namely  III,  IV,  and  VII, 
and  contained  the  following  stipulations :  Article  III 
provided  that  if  one  or  two  of  the  Contracting  Parties  were 
attacked  by  a  Power  or  Powers  not  signatory  of  the  treaty, 
all  the  Contracting  Parties  would  have  to  join  in  the  war. 
Article  IV  provided  for  benevolent  neutrality  of  the 
Contracting  Parties,  in  case  one  of  their  members,  not 
being  first  attacked,  should  have  to  declare  war  on  another 
Power. 

Article  VII  was  extremely  important.  It  had  special 
reference  to  the  Balkans,  and  proclaimed  the  interest  of 
Austria  and  Italy  in  maintaining  the  territorial  status  quo 
there.  It  stipulated  that  the  two  Powers  should  give 
each  other  full  information  concerning  their  own,  or  any 
other  Power's  intentions  in  the  Balkans.  Further,  it  was 
agreed  that  if  either  Italy  or  Austria  should  be  obliged  to 
change  the  status  quo  in  the  Balkans,  the  Adriatic  or  the 
Aegean,  such  change  should  be  made  by  agreement  with 
the  other  Power  and  on  condition  of  compensation  to  it. 

What  induced  Italy  to  join  the  Austro-German  Alliance 
in  its  original  form  as  published  by  the  German  Govern- 
ment, may  be  a  matter  of  conjecture.  Count  Benedetti,3 

1  SeeMovvat,  Select  Treaties  and  Documents,  1916  edition,  pp.  124 
and  128. 
1  Studies  in  Diplomacy.    Published  by  Heinemann,  London,  1896. 


TURCO-ITALIAN  WAR  371 

a  former  French  Ambassador  at  Berlin,  was  of  opinion  that 
the  accession  of  Italy  was  the  work  of  Bismarck,  who 
impressed  upon  Italy  that  a  newly  constituted  monarchy 
stood  in  need  of  powerful  foreign  alliances,  his  object 
being  to  separate  Italy  from  France.  However  this  may 
be,  a  more  direct  incentive  may  be  discovered  in  the  terms 
of  the  more  recent  renewal  of  the  Alliance  as  quoted  above 
(Article  VII),  and  its  references  to  the  satisfaction  of  the 
interests  and  rightful  claims  of  the  parties  thereto  in  the 
event  of  any  future  modification  of  the  status  quo  in  the 
Balkans.  Here  Italy  no  doubt  had  an  eye  to  national 
aspirations  as  regards  a  possible  extension  of  territory  in 
the  direction  of  Trieste.  Conditions  analogous  to  the 
stipulations  of  Article  VII  may  or  may  not  have  formed 
a  part  of  the  original  accession  of  Italy  to  the  Alliance,  but 
as  to  this  there  appears  to  be  no  official  publication  avail- 
able. 

This  Article  VII  has  been  appealed  to  both  by  Austria 
and  by  Italy  in  connexion  with  the  affairs  of  South-Eastern 
Europe. 

In  1911,  during  the  Turco-Italian  War  arising  out  of 
Italian  action  in  Tripoli  (the  Libyan  War),  the  Austrian 
Government  declared  that  the  action  of  Italy  on  the  Otto- 
man Coast  of  Turkey  in  Europe  or  on  the  Islands  of  the 
Aegean  Sea  could  not  be  permitted  either  by  Austria  or 
by  Germany  because  it  would  be  opposed  to  the  Treaty  of 
Alliance,  it  being  held  that  bombardment  of  ports  such  as 
Salonika,  Ka valla,  &c.,  was  opposed  to  the  provisions  of 
Article  VII.  In  April  1912  the  Austrian  Government  again 
protested  because  the  Italian  squadron  before  the  Dar- 
danelles had  damaged  the  forts  in  replying  to  the  shots  that 
were  fired  upon  it  from  these  forts.1  The  Italian  Govern- 
ment denied  that  their  action  had  threatened  the  status  quo, 
and  maintained  that  the  attitude  of  Austria,  by  encouraging 

1  Italian  Green  Book,  Diplomatic  Documents,  1915,  English  trans- 
lation. Hodder  &  Stoughton,  London. 

B  b  a 


372  THE  TRIPLE  ALLIANCE 

and  indirectly  protecting  Turkey,  was  a  source  of  serious 
loss  to  Italy. 

On  the  other  hand,  on  the  outbreak  of  the  great  European 
War  in  1914,  when  Austrian  troops  invaded  and  occupied 
portions  of  Serbian  territory,  Italy  in  her  turn  protested 
against  this  disturbance  of  the  status  quo  in  the  Balkans 
without  a  previous  agreement  being  made  as  required  by 
the  terms  of  Article  VII.  A  long  correspondence  ensued  ; 
territorial  compensation  was  claimed  by  Italy  ;  Austria 
proposed  compensation  at  the  expense  of  a  third  party 
(Albania)  ;  Italy  refused,  demanding  Austrian  territory. 
In  the  end  Austria  promised  an  insufficient  cession  in  the 
Trentino,  to  be  delayed  until  the  end  of  the  war.  This 
idea  Italy  declined  to  entertain,  and  finally,  in  May  1915, 
withdrew  from  the  Triple  Alliance,  and  declared  war 
against  Austria  on  the  23rd  of  the  same  month.  In  August 
1916  she  also  declared  war  against  Germany. 

TREATY  OF  ALLIANCE  BETWEEN  GERMANY  AND  AUSTRIA. 
Vienna,  October  7,  I879.1 

CONSIDERING  that  Their  Majesties  the  German  Emperor, 
King  of  Prussia,  and  the  Emperor  of  Austria,  King  of 
Hungary,  must  esteem  it  as  their  incontestable  duty  as 
sovereigns  to  take  care  in  all  circumstances  for  the  security 
of  their  empires  and  for  the  tranquillity  of  their  peoples  ; 

Considering  that  the  two  monarchs  as  in  the  previously 
existing  confederation  will  be  in  a  position,  by  a  firm 
alliance  of  the  two  empires,  to  fulfil  this  duty  more  easily 
and  more  efficaciously  ; 

Considering,  finally,  that  an  intimate  accord  between 
Germany  and  Austria-Hungary  can  menace  nobody,  but 
is,  on  the  contrary,  qualified  to  consolidate  the  peace  of 
Europe  created  by  the  stipulations  of  the  Treaty  of  Berlin  ; 

Their  Majesties  the  German  Emperor  and  the  Emperor 
of  Austria,  King  of  Hungary,  promising  one  another  never 
to  give  any  aggressive  tendency  in  any  direction  to  their 

1  In  German.  Nonveau  Recueil,  2«>e  serie,  tome  xv ;  State  Papers, 
»'ol.  Ixxiii,  p.  270. 


TREATY  OF  VIENNA,  1879  373 

purely  defensive  agreement,  have  resolved  to  conclude  an 
alliance  of  peace  and  reciprocal  protection. 

With  tnis  object  Their  Majesties  have  named  as  their 
plenipotentiaries  ; 

For  His  Majesty  the  German  Emperor  his  Ambassador 
and  Plenipotentiary  Extraordinary,  Lieutenant-General 
Prince  Henry  VII  of  Reuss,  &c.,  &c. 

For  His  Majesty  the  Emperor  of  Austria,  King  of 
Hungary,  his  Privy  Counsellor  the  Minister  of  the  Imperial 
Household  and  of  Foreign  Affairs,  Field-Marshal-Lieutenant 
Julius,  Count  Andrassy,  &c. 

Who  have  come  together  to-day,  at  Vienna,  and  after 
having  exchanged  their  powers  duly  recognized  as  good 
and  sufficient,  have  concluded  what  follows  : 

ARTICLE  I.  If,  contrary  to  expectation  and  against  the 
sincere  desire  of  both  the  High  Contracting  Parties,  one 
of  the  two  Empires  shall  be  attacked  on  the  part  of  Russia, 
the  High  Contracting  Parties  are  bound  to  assist  each 
other  with  the  whole  of  the  military  power  of  their  Empire, 
and  consequently  only  to  conclude  peace  conjointly  and 
by  agreement. 

ARTICLE  II.  Should  one  of  the  High  Contracting  Parties 
be  attacked  by  another  Power,  the  other  High  Contracting 
Party  hereby  engages  not  only  not  to  assist  the  aggressor 
against  his  High  Ally,  but  at  the  least  to  observe  a  bene- 
volent neutral  attitude  with  regard  to  the  High  Contracting 
Party. 

If,  however,  in  such  a  case  the  attacking  Power  should 
be  supported  on  the  part  of  Russia,  whether  by  way  of 
active  co-operation,  or  by  military  measures  which  menace 
the  attacked  Power,  then  the  obligation  of  reciprocal 
assistance  with  full  military  power,  which  is  stipulated  in 
the  first  article  of  this  Treaty,  will  in  this  case  enter  imme- 
diately into  effect,  and  the  conduct  of  war  of  both  the 
High  Contracting  Parties  shall  be  then  also  in  common 
until  the  joint  conclusion  of  Peace. 

ARTICLE  III.  This  Treaty,  in  conformity  with  its  pacific 
character  and  to  prevent  any  misconstruction,  shall  be 
kept  secret  by  both  High  Contracting  Parties,  and  it  will 
be  communicated  to  a  Third  Power  only  with  the  consent 
of  both  Parties,  and  strictly  according  to  a  special  agree- 
ment. 

Both  High  Contracting  Parties,  in  view  of  the  senti- 


374  THE  TRIPLE  ALLIANCE 

ments  expressed  by  the  Emperor  Alexander  at  the  interview 
at  Alexandrowo,1  hope  that  the  preparations  .of  Russia 
will  not  prove  in  reality  to  be  a  menace  to  them,  and  for 
this  reason  they  have  for  the  present  no  occasion  for 
a  communication.  But  if,  contrary  to  expectation,  this 
hope  should  prove  a  vain  one,  the  two  High  Contracting 
Parties  will  recognize  it  as  a  loyal  obligation,  to  inform 
the  Emperor  Alexander  at  least  confidentially  that  they 
must  consider  an  attack  against  one  of  them  as  directed 
against  both. 

In  witness  whereof  the  Plenipotentiaries  have  signed 
this  treaty  with  their  own  hand,  and  have  affixed  their 
seals. 

Done  at  Vienna,  the  7th  October,  1879. 

H.  VII.  P.  REUSS.  ANDRASSY. 

(L.  S.)  (L.  S.) 

THE  TRIPLE  ALLIANCE.    May  1882. 

THE  PUBLISHED  SECTIONS  OF  THE  TRIPLE  ALLIANCE 
TREATY  BETWEEN  AUSTRIA  AND  ITALY  (as  renewed, 
May  20,  1903)  ,2 

CLAUSE  III.  In  case  one  or  two  of  the  High  Contracting 
Parties,  without  direct  provocation  on  their  part,  should 
be  attacked  by  one  or  more  Great  Powers  not  signatory 
of  the  present  Treaty  and  should  become  involved  in  a  war 
with  them,  the  casus  foederis  would  arise  simultaneously 
for  all  the  High  Contracting  Parties. 

CLAUSE  IV.  In  case  a  Great  Power  not  signatory  of  the 
present  Treaty  should  threaten  the  State  security  of  one 
of  the  High  Contracting  Parties,  and  in  case  the  threatened 
party  should  thereby  be  compelled  to  declare  war  against 
that  Great  Power,  the  two  other  contracting  parties  engage 
themselves  to  maintain  benevolent  neutrality  towards  their 
Ally.  Each  of  them  reserves  its  right,  in  this  case,  to 

1  September  3,  1879,  in  Pqsen.  William  I  of  Germany  met  Alex- 
ander II  of  Russia  there,  to  try  and  allay  the  friction  which  existed 
between  the  two  countries  as  a,  consequence  of  the  Treaty  of 
Berlin.  The  interview  was  cordial  on  both  sides,  but  Bismarck  was 
very  dissatisfied  with  it.  See  P.  Matter,  Bismarck  (1908),  vol.  iii, 
pp.  452-6  ;  Busch,  Bismarck  (trans.  1898),  vol.  iii,  pp.  257-66. 

*  The  Times,  June  i,  1915. 


THE  TRIPLE  ALLIANCE,  1903  375 

take  part  in  the  war  if  it  thinks  fit  in  order  to  make  common 
cause  with  its  Ally. 

CLAUSE  VII.  Austria-Hungary  and  Italy,  who  have 
solely  in  view  the  maintenance,  as  far  as  possible,  of  the 
territorial  status  quo  in  the  East,  engage  themselves  to  use 
their  influence  to  prevent  all  territorial  changes  which 
might  be  disadvantageous  to  the  one  or  the  other  of  the 
Powers  signatory  of  the  present  Treaty.  To  this  end 
they  will  give  reciprocally  all  information  calculated  to 
enlighten  each  other  concerning  their  own  intentions  and 
those  of  other  Powers.  Should,  however,  the  case  arise 
that,  in  the  course  of  events,  the  maintenance  of  the  status 
quo  in  the  territory  of  the  Balkans  or  of  the  Ottoman 
coasts  and  islands  in  the  Adriatic  or  the  Aegean  Seas 
becomes  impossible,  and  that,  either  in  consequence  of 
the  action  of  a  third  Power  or  for  any  other  reason,  Austria- 
Hungary  or  Italy  should  be  obliged  to  change  the  status 
quo  on  their  part  by  a  temporary  or  permanent  occupa- 
tion, such  occupation  would  only  take  place  after  previous 
agreement  between  the  two  Powers,  which  would  have  to 
be  based  upon  the  principle  of  a  reciprocal  compensation 
for  all  territorial  or  other  advantages  that  either  of  them 
might  acquire  over  and  above  the  existing  status  quo,  and 
would  have  to  satisfy  the  interests  and  rightful  claims  of 
both  parties. 


APPENDIX 

PRELIMINARY  TREATY  OF  PEACE  BETWEEN  RUSSIA  AND 
TURKEY.  SIGNED  AT  SAN  STEFANO,  February  ig/ 
March  3,  1878. 

His  Majesty  the  Emperor  of  Russia  and  His  Majesty  the 
Emperor  of  the  Ottomans,  inspired  with  the  wish  of  restor- 
ing and  securing  the  blessings  of  peace  to  their  countries 
and  people,  as  well  as  of  preventing  any  fresh  complication 
which  might  imperil  the  same,  have  named  as  their  Pleni- 
potentiaries, with  a  view  to  draw  up,  conclude,  and  sign  the 
Preliminaries  of  Peace  : 

His  Majesty  the  Emperor  of  Russia  on  the  one  side,  the 
Count  Nicolas  Ignatiew,  &c.,  and  Sieur  Alexander  Nelidow, 
&c. 

And  His  Majesty  the  Emperor  of  the  Ottomans  on  the 
other  side,  Safvet  Pasha,  &c.,  and  Sadoullah  Bey,  &c. 

Who,  after  having  exchanged  their  full  powers,  which 
were  found  to  be  in  good  and  proper  form,  have  agreed  to 
the  following  Articles  : 

ARTICLE  I.  In  order  to  put  an  end  to  the  perpetual  con- 
flicts between  Turkey  and  Montenegro,  the  frontier  which 
separates  the  two  countries  will  be  rectified,  conformably 
to  the  map  hereto  annexed,  subject  to  the  reserve  herein- 
after mentioned,  in  the  following  manner  : 

From  the  mountain  of  Dobrostitza  the  frontier  will  follow 
the  line  indicated  by  the  Conference  of  Constantinople  as  far 
as  Korito  by  Bilek.  Thence  the  new  frontier  will  run  to 
Gatzko  (Metochia-Gatzko  will  belong  to  Montenegro),  and 
towards  the  confluence  of  the  Piva  and  the  Tara,  ascending 
towards  the  north  by  the  Drina  as  far  as  its  confluence  with 
the  Lim.  The  eastern  frontier  of  the  Principality  will  follow 
this  last  river  as  far  as  Prijepolje,  and  will  proceed  by  Roshaj 
to  Sukha-Planina  (leaving  Bihor  and  Roshaj  to  Montenegro). 
Taking  in  Bugovo,  Plava,  and  Gusinje,  the  frontier  line  will 
follow  the  chain  of  mountains  by  Shlieb,  Paklen,  and  along 
the  northern  frontier  of  Albania  by  the  crests  of  the  moun- 
tains Koprivnik,  Babavik,  Bor-vik,  to  the  highest  peak  of 


378  APPENDIX 

Prokleti.  From  that  point  the  frontier  will  proceed  by  the 
summit  of  Biskaschik,  and  will  run  in  a  straight  line  to 
the  Lake  of  Tjiceni-hoti.  Dividing  Tjiceni-hoti  and  Tjiceni- 
kastrati,  it  will  cross  the  Lake  of  Scutari  to  the  Boyana,  the 
thalweg  of  which  it  will  follow  as  far  as  the  sea.  Nichsich, 
Gatzko,  Spouje,  Podgoritza,  Jabliak,  and  Antivari  will 
remain  te  Montenegro. 

A  European  Commission,  on  which  the  Sublime  Porte 
and  the  Government  of  Montenegro  shall  be  represented, 
will  be  charged  with  fixing  the  definite  limits  of  the  Princi- 
pality, making  on  the  spot  such  modifications  in  the  general 
tracing  as  it  may  think  necessary  and  equitable,  from  the 
point  of  view  of  the  respective  interests  and  tranquillity  of 
the  two  countries,  to  which  it  will  accord  in  this  respect  the 
equivalents  deemed  necessary. 

The  navigation  of  the  Boyana  having  always  given  rise  to 
disputes  between  the  Sublime  Porte  and  Montenegro,  will 
be  the  subject  of  a  special  regulation,  which  will  be  prepared 
by  the  same  European  Commission. 

ARTICLE  II.  The  Sublime  Porte  recognizes  definitively 
the  independence  of  the  Principality  of  Montenegro. 

An  understanding  between  the  Imperial  Government 
of  Russia,  the  Ottoman  Government,  and  the  Principality  of 
Montenegro  will  determine  subsequently  the  character  and 
form  of  the  relations  between  the  Sublime  Porte  and  the 
Principality  as  regards  particularly  the  establishment  of 
Montenegrin  Agents  at  Constantinople,  and  in  certain 
localities  of  the  Ottoman  Empire,  where  the  necessity  for 
such  agents  shall  be  recognized,  the  extradition  of  fugitive 
criminals  on  the  one  territory  or  the  other,  and  the  subjec- 
tion of  Montenegrins  travelling  or  sojourning  in  the  Ottoman 
Empire  to  the  Ottoman  laws  and  authorities,  according  to 
the  principles  of  international  law  and  the  established  usages 
concerning  the  Montenegrins. 

A  Convention  will  be  concluded  between  the  Sublime 
Porte  and  Montenegro  to  regulate  the  questions  connected 
with  the  relations  between  the  inhabitants  of  the  confines 
of  the  two  countries  and  with  the  military  works  on  the 
same  confines.  The  points  upon  which  an  understanding 
cannot  be  established  will  be  settled  by  the  arbitration  of 
Russia  and  Austria-Hungary. 

Henceforward,  if  there  is  any  discussion  or  conflict,  except 
as  regards  new  territorial  demands,  Turkey  and  Montenegro 


APPENDIX  379 

will  leave  the  settlement  of  their  differences  to  Russia  and 
Austria-Hungary,  who  will  arbitrate  in  common. 

The  troops  of  Montenegro  will  be  bound  to  evacuate  the 
territory  not  comprised  within  the  limits  indicated  above 
within  ten  days  from  the  signature  of  the  Preliminaries  of 
Peace. 

ARTICLE  III.  Servia  is  recognized  as  independent.  Its 
frontier,  marked  on  the  annexed  map,  will  follow  the  thal- 
weg  of  the  Drina,  leaving  Little  Zwornik  and  Zakar  to  the 
Principality,  and  following  the  old  limit  as  far  as  the  sources 
of  the  stream  Dezevo,  near  Stoilac.  Thence  the  new  line 
will  follow  the  course  of  that  stream  as  far  as  the  River 
Raska,  and  then  the  course  of  the  latter  as  far  as  Novi- 
Bazar. 

From  Novi-Bazar,  ascending  the  stream  which  passes 
near  the  villages  of  Mekinje  and  Irgoviste  as  far  as  its  source, 
the  frontier  line  will  run  by  Bosur  Planina,  in  the  valley  of 
the  Ibar,  and  will  then  descend  the  stream  which  falls  into 
this  river  near  the  village  of  Ribanic. 

The  line  will  then  follow  the  course  of  the  Rivers  Ibar, 
Sitnitza  and  Lab,  and  of  the  brook  Batintze  to  its  source 
(upon  the  Grapachnitza  Planina).  Thence  the  frontier  will 
follow  the  heights  which  separate  the  waters  of  the  Kriva 
and  the  Veternitza,  and  will  meet  the  latter  river  by  the 
shortest  route  at  the  mouth  of  the  stream  Miovatzka,  which 
it  will  ascend,  crossing  the  Miovatzka  Planina  and  re- 
descending  towards  the  Morava,  near  the  village  of  Kali- 
manci. 

From  this  point  the  frontier  will  descend  the  Morava  as 
far  as  the  River  Vlossina,  near  the  village  of  Sta'ikovtzi. 
Reascending  the  latter  river,  as  well  as  the  Linberazda, 
and  the  brook  Koukavitze,  the  line  will  pass  by  the 
Sukha  Planina,  will  run  along  the  stream  Vrylo  as  far 
as  the  Nisawa,  and  will  descend  the  said  river  as 
far  as  the  village  of  Kronpatz,  whence  the  line  will 
rejoin  by  the  shortest  route  the  old  Servian  frontier  to 
the  south-east  of  Karaoul  Bare,  and  will  not  leave  it  until 
it  reaches  the  Danube. 

Ada- Kale  will  be  evacuated  and  razed. 

A  Turco- Servian  Commission,  assisted  by  a  Russian  Com- 
missioner, will,  within  three  months,  arrange  upon  the  spot 
the  definite  frontier  line,  and  will  definitely  settle  the 
questions  relating  to  the  islands  of  the  Drina.  A  Bulgarian 


380  APPENDIX 

delegate  will  be  admitted  to  participate  in  the  work  of  the 
Commission  when  it  shall  be  engaged  on  the  frontier 
between  Servia  and  Bulgaria. 

ARTICLE  IV.  The  Mussulmans  holding  lands  in  the  terri- 
tories annexed  to  Servia,  and  who  wish  to  reside  out  of  the 
Principality,  can  preserve  their  real  property  by  having 
them  farmed  out  or  administered  by  others.  A  Turco- 
Servian  Commission,  assisted  by  a  Russian  Commissioner, 
will  be  charged  to  decide  absolutely,  in  the  course  of  two 
years,  all  questions  relating  to  the  verification  of  real  estate 
in  which  Mussulman  interests  are  concerned. 

This  Commission  will  also  be  called  upon  to  settle  within 
three  years  the  method  of  alienation  of  State  property  and 
of  religious  endowments  (Vacouf),  as  well  as  the  questions 
relative  to  the  interests  of  private  persons  which  may  be 
involved.  Until  a  direct  Treaty  is  concluded  between  Turkey 
and  Servia  determining  the  character  of  the  relations 
between  the  Sublime  Porte  and  the  Principality,  Servian 
subjects  travelling  or  sojourning  in  the  Ottoman  Empire 
shall  be  treated  according  to  the  general  principles  of  inter- 
national law. 

The  Servian  troops  shall  be  bound  to  evacuate  the  terri- 
tory not  comprised  within  the  above-mentioned  limits 
within  fifteen  days  from  the  signature  of  the  Preliminaries 
of  Peace. 

ARTICLE  V.  The  Sublime  Porte  recognizes  the  indepen- 
dence of  Roumania,  which  will  establish  its  right  to  an 
indemnity,  to  be  discussed  between  the  two  countries. 

Until  the  conclusion  of  a  direct  Treaty  between  Turkey 
and  Roumania,  Roumanian  subjects  will  enjoy  in  Turkey 
all  the  rights  guaranteed  to  the  subjects  of  other  European 
Powers. 

ARTICLE  VI.  Bulgaria  is  constituted  an  autonomous 
tributary  Principality,  with  a  Christian  Government  and 
a  national  militia. 

The  definitive  frontiers  of  the  Bulgarian  Principality  will 
be  traced  by  a  special  Russo-Turkish  Commission  before 
the  evacuation  of  Roumelia  by  the  Imperial  Russian 
army. 

This  Commission  will,  in  working  out  the  modifications 
to  be  made  on  the  spot  in  the  general  tracing,  take  into 
account  the  principle  of  the  nationality  of  the  majority  of 
the  inhabitants  of  the  border  districts,  conformably  to  the 


APPENDIX  381 

Bases  of  Peace,  and  also  the  topographical  necessities  and 
practical  interests  of  the  intercommunication  of  the  local 
population. 

The  extent  of  the  Bulgarian  Principality  is  laid  down  in 
general  terms  on  the  accompanying  map,  which  will  serve 
as  a  basis  for  the  definitive  fixing  of  the  limits.  Leaving  the 
new  frontier  of  the  Servian  Principality,  the  line  will  follow 
the  western  limit  of  the  Caza  of  Wrania  as  far  as  the  chain 
of  the  Kara-dagh.  Turning  towards  the  west,  the  line  will 
follow  the  western  limits  of  the  Cazas  of  Koumanovo, 
Kotchani,  Kalkandelen,  to  Mount  Korab  ;  thence  by  the 
River  Welestchitza  as  far  as  its  junction  with  the  black 
Drina.  Turning  towards  the  south  by  the  Drina,  and  after- 
wards by  the  western  limit  of  the  Caza  of  Ochride  towards 
Mount  Linas,  the  frontier  will  follow  the  western  limits  of 
the  Cazas  of  Gortcha  and  Starovo  as  far  as  Mount  Grammos. 
Then  by  the  Lake  of  Kastoria,  the  frontier  line  will  rejoin 
the  River  Moglenitza,  and  after  having  followed  its  course, 
and  passed  to  the  south  of  Yanitza  (Wardar  Yenidje),  will 
go  by  the  mouth  of  the  Warder  and  by  the  Galliko  towards 
the  villages  of  Parga  and  of  Sarai-keui ;  thence  through  the 
middle  of  Lake  Bechik-Guel  to  the  mouth  of  the  Rivers 
Strouma  and  Karassou,  and  by  the  sea-coast  as  far  as  Buru- 
Guel ;  thence  striking  north-west  towards  Mount  Tchaltepe 
by  the  chain  of  Rhodope  as  far  as  Mount  Krouschowo,  by 
the  Black  Balkans  (Kara-Balkan),  by  the  mountains 
Eschekkoulatchi,  Tchepelion,  Karakolas,  and  Tschiklar,  as 
far  as  the  River  Arda. 

Thence  the  line  will  be  traced  in  the  direction  of  the  town 
of  Tchirmen,  and  leaving  the  town  of  Adrianople  to  the 
south,  by  the  villages  of  Sugutlion,  Kara-Hamza,  Aronaut- 
keui,  Akardji,  and  Enidje  as  far  as  the  River  Tekederessi. 
Following  the  Rivers  Tekederessi  and  Tchorlouderessi  as 
far  as  Loule-Bourgaz,  and  thence,  by  the  River  Soudjak- 
dere  as  far  as  the  village  of  Serguen,  the  frontier  line  will  go 
by  the  heights  straight  towards  Hakimtabissai,  where  it 
will  strike  the  Black  Sea.  It  will  leave  the  sea-coast  near 
Mangalia,  following  the  southern  boundaries  of  the  Sandjak 
of  Toultcha,  and  will  come  out  on  the  Danube  above 
Rassova. 

ARTICLE  VII.  The  Prince  of  Bulgaria  shall.be  freely 
elected  by  the  population  and  confirmed  by  the  Sublime 
Porte,  with  the  assent  of  the  Powers.  No  member  of  the 


382  APPENDIX 

reigning  dynasties  of  the  great  European  Powers  shall  be 
capable  of  being  elected  Prince  of  Bulgaria. 

In  the  event  of  the  dignity  of  Prince  of  Bulgaria  being 
vacant,  the  election  of  the  new  Prince  shall  be  made  subject 
to  the  same  conditions  and  forms. 

Before  the  election  of  the  Prince,  an  Assembly  of  Bul- 
garian Notables,  to  be  convoked  at  Philippopolis  (Plowdiw) 
or  Tyrnowo,  shall  draw  up,  under  the  superintendence  of  an 
Imperial  Russian  Commissioner,  and  in  the  presence  of  an 
Ottoman  Commissioner,  the  organization  of  the  future  ad- 
ministration, in  conformity  with  the  precedents  established 
in  1830  after  the  Peace  of  Adrianople,  in  the  Danubian 
Principalities. 

In  the  localities  where  Bulgarians  are  mixed  with  Turks, 
Greeks,  Wallachians  (Koutzo-Vlachs),  or  others,  proper 
account  is  to  be  taken  of  the  rights  and  interests  of  these 
populations  in  the  elections  and  in  the  preparation  of  the 
Organic  Laws. 

The  introduction  of  the  new  system  into  Bulgaria,  and  the 
superintendence  of  its  working,  will  be  intrusted  for  two 
years  to  an  Imperial  Russian  Commissioner.  At  the  ex- 
piration of  the  first  year  after  the  introduction  of  the  new 
system,  and  if  an  understanding  on  this  subject  has  been 
established  between  Russia,  the  Sublime  Porte,  and  the 
Cabinets  of  Europe,  they  can,  if  it  is  deemed  necessary, 
associate  Special  Delegates  with  the  Imperial  Russian 
Commissioner. 

ARTICLE  VIII.  The  Ottoman  army  will  no  longer  remain 
in  Bulgaria,  and  all  the  ancient  fortresses  will  be  razed  at  the 
expense  of  the  local  Government.  The  Sublime  Porte  will 
have  the  right  to  dispose,  as  it  sees  fit,  of  the  war  material 
and  of  the  other  property  belonging  to  the  Ottoman  Govern- 
ment which  may  have  been  left  in  the  Danubian  fortresses 
already  evacuated  in  accordance  with  the  terms  of  the 
Armistice  of  the  $£  January,  as  well  as  of  that  in  the 
strongholds  of  Schoumla  and  Varna. 

Until  the  complete  formation  of  a  native  militia  sufficient 
to  preserve  order,  security,  and  tranquillity,  and  the  strength 
of  which  will  be  fixed  later  on  by  an  understanding  between 
the  Ottoman  Government  and  the  Imperial  Russian  Cabinet, 
Russian  troops  will  occupy  the  country,  and  will  give  armed 
assistance  to  the  Commissioner  in  case  of  need.  This  occupa- 
tion will  also  be  limited  to  a  term  approximating  to  two  years. 


APPENDIX  383 

The  strength  of  the  Russian  army  of  occupation  to  be 
composed  of  six  divisions  of  infantry  and  two  of  cavalry, 
which  will  remain  in  Bulgaria  after  the  evacuation  of  Turkey 
by  the  Imperial  army,  shall  not  exceed  50,000  men.  It  will 
be  maintained  at  the  expense  of  the  country  occupied.  The 
Russian  troops  of  occupation  in  Bulgaria  will  maintain  their 
communications  with  Russia,  not  only  through  Roumania, 
but  also  by  the  ports  of  the  Black  Sea,  Varna,  and  Bourgas, 
where  they  may  organize,  for  the  term  of  the  occupation, 
the  necessary  depots. 

ARTICLE  IX.  The  amount  of  the  annual  tribute  which 
Bulgaria  is  to  pay  the  Suzerain  Court,  by  transmitting  it  to 
a  bank  to  be  hereafter  named  by  the  Sublime  Porte,  will 
be  determined  by  an  agreement  between  Russia,  the  Otto- 
man Government,  and  the  other  Cabinets,  at  the  end  of  the 
first  year  during  which  the  new  organization  shall  be  in 
operation.  This  tribute  will  be  calculated  on  the  average 
revenue  of  all  the  territory  which  is  to  form  part  of  the 
Principality. 

Bulgaria  will  take  upon  itself  the  obligations  of  the 
Imperial  Ottoman  Government  towards  the  Rustchuk  and 
Varna  Railway  Company,  after  an  agreement  has  been  come 
to  between  the  Sublime  Porte,  the  Government  of  the  Princi- 
pality, and  the  Directors  of  this  Company.  The  regulations 
as  to  the  other  railways  (votes  fences)  which  cross  the  Princi- 
pality are  also  reserved  for  an  agreement  between  the 
Sublime  Porte,  the  Government  established  in  Bulgaria,  and 
the  Directors  of  the  Companies  concerned. 

ARTICLE  X.  The  Sublime  Porte  shall  have  the  right  to 
make  use  of  Bulgaria  for  the  transport  by  fixed  routes  of 
its  troops,  munitions,  and  provisions  to  the  provinces 
beyond  the  Principality,  and  vice  versa.  In  order  to  avoid 
difficulties  and  misunderstandings  in  the  application  of  this 
right,  while  guaranteeing  the  military  necessities  of  the 
Sublime  Porte,  a  special  regulation  will  lay  down  the  con- 
ditions of  it  within  three  months  after  the  ratification  of  the 
present  Act  by  an  understanding  between  the  Sublime  Porte 
and  the  Bulgarian  Government. 

It  is  fully  understood  that  this  right  is  limited  to  the 
regular  Ottoman  troops,  and  that  the  irregulars,  the  Bashi- 
Bazouks,  and  the  Circassians  will  be  absolutely  excluded 
from  it. 

The  Sublime  Porte  also  reserves  to  itself  the  right  of 


384  APPENDIX 

sending  its  postal  service  through  the  Principality,  and  of 
maintaining  telegraphic  communication.  These  two  points 
shall  also  be  determined  in  the  manner  and  within  the  period 
of  time  indicated  above. 

ARTICLE  XI.  The  Mussulman  proprietors  or  others  who 
fix  their  personal  residence  outside  the  Principality  may 
retain  their  estates  by  having  them  farmed  or  administered 
by  others.  Turco-Bulgarian  Commissions  shall  sit  in  the 
principal  centres  of  population,  under  the  superintendence 
of  Russian  Commissioners,  to  decide  absolutely  in  the  course 
of  two  years  all  questions  relative  to  the  verification  of  real 
property,  in  which  either  Mussulmans  or  others  may  be 
interested.  Similar  commissions  will  be  charged  with  the 
duty  of  regulating  within  two  years  all  questions  relative  to 
the  mode  of  alienation,  working,  or  use  for  the  benefit  of  the 
Sublime  Porte  of  the  property  of  the  State,  and  of  the 
religious  endowments  (Vacouf). 

At  the  expiration  of  the  two  years  mentioned  above  all 
properties  which  shall  not  have  been  claimed  shall  be  sold 
by  public  auction,  and  the  proceeds  thereof  shall  be  devoted 
to  the  support  of  the  widows  and  orphans,  Mussulman  as 
well  as  Christian,  victims  of  the  recent  events. 

ARTICLE  XII.  All  the  Danubian  fortresses  shall  be  razed. 
There  shall  be  no  strongholds  in  future  on  the  banks  of  this 
river,  nor  any  men-of-war  in  the  waters  of  the  Principalities 
of  Roumania,  Servia,  and  Bulgaria,  except  the  usual 
'  stationnaires '  and  the  small  vessels  intended  for  river- 
police  and  Custom-house  purposes. 

The  rights,  obligations,  and  prerogatives  of  the  Inter- 
national Commission  of  the  Lower  Danube  are  maintained 
intact. 

ARTICLE  XIII.  The  Sublime  Porte  undertakes  to  render 
the  passage  of  Soulina  again  navigable,  and  to  indemnify  the 
private  individuals  who  have  suffered  loss  by  the  war  and 
the  interruption  of  the  navigation  of  the  Danube,  applying 
for  this  double  charge  a  sum  of  five  hundred  thousand 
francs  from  the  amount  due  to  the  Sublime  Porte  from  the 
Danubian  Commission. 

ARTICLE  XIV.  The  European  proposals  communicated 
to  the  Ottoman  Plenipotentiaries  at  the  first  sitting  of  the 
Constantinople  Conference  shall  immediately  be  introduced 
into  Bosnia  and  Herzegovina,  with  any  modifications  which 
may  be  agreed  upon  in  common  between  the  Sublime 


APPENDIX  385 

Porte,  the  Government  of  Russia,  and  that  of  Austria- 
Hungary. 

The  payment  of  arrears  of  taxes  shall  not  be  required,  and 
the  current  revenues  of  these  provinces  until  the  ist  March, 
1880,  shall  be  exclusively  applied  to  indemnify  the  families 
of  refugees  and  inhabitants,  victims  of  recent  events,  without 
distinction  of  race  or  creed,  as  well  as  to  the  local  needs  of 
the  country.  The  sum  to  be  received  annually  after  this 
period  by  the  Central  Government  shall  be  subsequently 
lixed  by  a  special  understanding  between  Turkey,  Russia, 
and  Austria-Hungary. 

ARTICLE  XV.  The  Sublime  Porte  engages  to  apply 
scrupulously  in  the  Island  of  Crete  the  Organic  Law  of  1868, 
taking  into  account  the  previously-expressed  wishes  of  the 
native  population. 

An  analogous  law  adapted  to  local  requirements  shall 
likewise  be  introduced  into  Epirus,  Thessaly,  and  the  other 
parts  of  Turkey  in  Europe,  for  which  a  special  constitution 
is  not  provided  by  the  present  Act. 

Special  Commissions,  in  which  the  native  population  will 
be  largely  represented,  shall  in  each  province  be  entrusted 
with  the  task  of  elaborating  the  details  of  the  new  organiza- 
tion, and  the  result  of  their  labours  shall  be  submitted  to 
the  Sublime  Porte,  who  will  consult  the  Imperial  Govern- 
ment of  Russia  before  carrying  it  into  effect. 

ARTICLE  XVI.  As  the  evacuation  by  the  Russian  troops 
of  the  territory  which  they  occupy  in  Armenia,  and  which  is 
to  be  restored  to  Turkey,  might  give  rise  to  conflicts  and 
complications  detrimental  to  the  maintenance  of  good  rela- 
tions between  the  two  countries,  the  Sublime  Porte  engages 
to  carry  into  effect,  without  further  delay,  the  improve- 
ments and  reforms  demanded  by  local  requirements  in  the 
provinces  inhabited  by  Armenians,  and  to  guarantee  their 
security  from  Kurds  and  Circassians. 

ARTICLE  XVII.  A  full  and  complete  amnesty  is  granted 
by  the  Sublime  Porte  to  all  Ottoman  subjects  com- 
promised by  recent  events,  and  all  persons  imprisoned 
on  this  account  or  sent  into  exile  shall  be  immediately  set 
at  liberty. 

ARTICLE  XVIII.  The  Sublime  Porte  will  take  into 
serious  consideration  the  opinion  expressed  by  the  Com- 
missioners of  the  Mediating  Powers  as  regards  the  possession 
of  the  town  of  Khotour,  and  engages  to  have  the  works  of 

1903 


386  APPENDIX 

the  definitive  delimitation  of  the  Turco-Persian  Boundary 
carried  into  effect. 

ARTICLE  XIX.  The  war  indemnities  and  the  losses  im- 
posed on  Russia  which  His  Majesty  the  Emperor  of  Russia 
claims,  and  which  the  Sublime  Porte  has  bound  itself  to 
reimburse  to  him,  consist  of — 

(a)  900,000,000  roubles  for  war  expenses  (maintenance 
of  the  army,  replacing  of  war  material,  and  war  contracts). 

(6)  400,000,000  roubles  on  account  of  damage  done  to 
the  south  coast  of  Russia,  to  her  export  commerce,  to  her 
industries,  and  to  her  railways. 

(c)  100,000,000  roubles  for   injuries   inflicted    on    the 
Caucasus  by  the  invasion  ;   and, 

(d)  10,000,000  roubles  for  costs  and  damages  of  Russian 
subjects  and  establishments  in  Turkey. 

Total,  1,410,000,000  roubles. 

Taking  into  consideration  the  financial  embarrassments 
of  Turkey,  and  in  accordance  with  the  wishes  of  His  Majesty 
the  Sultan,  the  Emperor  of  Russia  consents  to  substitute  for 
the  payment  of  the  greater  part  of  the  moneys  enumerated 
in  the  above  paragraph,  the  following  territorial  cessions : 

(a)  The  Sandjak  of  Toultcha,  that  is  to  say.  the  districts 
(Cazas)  of  Kilia,  Soulina,  Mahmoudie,  Isaktcha,  Toultcha, 
Matchine,  Babadagh,  Hirsowo,  Kustendje,  and  Medjidie, 
as  well  as  the  Delta  Islands  and  the  Isle  of  Serpents. 

Not  wishing,  however,  to  annex  this  territory  and  the 
Delta  Islands,  Russia  reserves  the  right  of  exchanging  them 
for  the  part  of  Bessarabia  detached  from  her  by  the  Treaty 
of  1856,  and  which  is  bounded  on  the  south  by  the  thalweg 
of  the  Kilia  branch  and  the  mouth  of  the  Stary-Stamboul. 

The  question  of  the  apportionment  of  waters  and  fisheries 
shall  be  determined  by  a  Russo-Roumanian  Commission 
within  a  year  after  the  ratification  of  the  Treaty  of  Peace. 

(b)  Ardahan,  Kars,  Batoum,  Bayazet,  and  the  territory 
as  far  as  the  Saganlough. 

In  its  general  outline,  the  frontier  line,  leaving  the  Black 
Sea  coast,  will  follow  the  crest  of  the  mountains  which 
separate  the  affluents  of  the  River  Hopa  from  those  of  the 
River  Tcharokh,  and  the  chain  of  mountains  to  the  south  of 
the  town  of  Artwin  up  to  the  River  Tcharokh,  near  the 
villages  of  Alat  and  Bechaget ;  then  the  frontier  will  pass 
by  the  peaks  of  Mounts  Dervenikghek,  Hortchezor,  and 
Bedjiguin-Dagh,  by  the  crest  which  separates  the  affluents 


APPENDIX  387 

of  the  Rivers  Tortoum-tchai  and  the  Tcharokh  by  the 
heights  near  Zaily-Vihine,  coming  down  at  the  village 
Vihine-Kilissa  to  the  River  Tortoum-chaii ;  thence  it  will 
follow  the  Sivridagh  Chain  to  the  pass  (col)  of  the  same  name, 
passing  south  of  the  village  of  Noriman  ;  then  it  will  turn 
to  the  south-east  and  go  to  Zivine,  whence  the  frontier, 
passing  west  of  the  road  which  leads  from  Zivine  to  the 
villages  of  Ardost  and  Horassan,  will  turn  south  by  the 
Saganlough  Chain  to  the  village  of  Gilitchman  ;  then  by 
the  crest  of  the  Charian-Dagh  it  will  arrive,  ten  versts  south 
of  Hamour,  at  the  Mourad-tchai  defile  ;  then  the  line  will 
follow  the  crest  of  the  Alla-Dagh  and  the  summits  of  the 
Hori  and  Tandourek,  and,  passing  south  of  the  Bayazet 
Valley,  will  proceed  to  rejoin  the  old  Turco-Persian  frontier 
to  the  south  of  the  lake  of  Kazli-gueul. 

The  definitive  limits  of  the  territory  annexed  to  Russia, 
and  indicated  on  the  map  hereto  appended,  will  be  fixed  by 
a  Commission  composed  of  Russian  and  Ottoman  delegates. 

This  Commission  in  its  labours  will  take  into  account  the 
topography  of  localities,  as  well  as  considerations  of  good 
administration  and  other  conditions  calculated  to  insure  the 
tranquillity  of  the  country. 

(c)  The  territories  mentioned  in  paragraphs  (a)  and  (b) 
are  ceded  to  Russia  as  an  equivalent  for  the  sum  of  one 
milliard  and  one  hundred  million  roubles.    As  for  the  rest 
of  the  indemnity,  apart  from  the  10,000,000  of  roubles 
intended  to  indemnify  Russian  interests  and  establishments 
in  Turkey — namely,  300,000,000  of  roubles — the  mode  of 
payment  and  guarantee  of  that  sum  shall  be  settled  by  an 
understanding  between  the  Imperial  Government  of  Russia 
and  that  of  His  Majesty  the  Sultan. 

(d)  The   10,000,000  roubles  claimed  as  indemnity  for 
the  Russian  subjects  and  establishments  in  Turkey  shall  be 
paid  as  soon  as  the  claims  of  those  interested  are  examined 
by  the  Russian  Embassy  at  Constantinople  and  handed  to 
the  Sublime  Porte. 

ARTICLE  XX.  The  Sublime  Porte  will  take  effective  steps 
to  put  an  amicable  end  to  the  lawsuits  of  Russian  subjects 
pending  for  several  years,  to  indemnify  the  latter  if  need  be, 
and  to  carry  into  effect  without  delay  all  judgments  passed. 

ARTICLE  XXI.  The  inhabitants  of  the  districts  ceded  to 
Russia  who  wish  to  take  up  their  residence  out  of  these  terri- 
tories will  be  free  to  retire  on  selling  all  their  real  property. 

CC2 


388  APPENDIX 

For  this  purpose  an  interval  of  three  years  is  granted  them, 
counting  from  the  date  of  ratification  of  the  present  Act. 

On  the  expiration  of  that  time  those  of  the  inhabitants 
who  shall  not  have  sold  their  real  property  and  left  the 
country  shall  remain  Russian  subjects. 

Real  property  belonging  to  the  State,  or  to  religious 
establishments  situated  out  of  the  localities  aforesaid,  shall 
be  sold  within  the  same  interval  of  three  years  as  shall  be 
arranged  by  a  special  Russo-Turkish  Commission.  The 
same  Commission  shall  be  intrusted  with  determining  how 
the  Ottoman  Government  is  to  remove  its  war  material, 
munitions,  supplies,  and  other  State  property  actually  in 
the  forts,  towns,  and  localities  ceded  to  Russia,  and  not  at 
present  occupied  by  Russian  troops. 

ARTICLE  XXII.  Russian  ecclesiastics,  pilgrims,  and 
monks  travelling  or  sojourning  in  Turkey  in  Europe  or  in 
Asia  shall  enjoy  the  same  rights,  advantages,  and  privileges 
as  the  foreign  ecclesiastics  of  any  other  nationality. 

The  right  of  official  protection  by  the  Imperial  Embassy 
and  Russian  Consulates  in  Turkey  is  recognized,  both  as 
regards  the  persons  above-mentioned,  and  their  possessions, 
religious  houses,  charitable  institutions,  &c.,  in  the  Holy 
Places  and  elsewhere. 

The  monks  of  Mount  Athos,  of  Russian  origin,  shall  be 
maintained  in  all  their  possessions  and  former  privileges, 
and  shall  continue  to  enjoy  in  the  three  convents  belonging 
to  them  and  in  the  adjoining  buildings  the  same  rights  and 
privileges  as  are  assured  to  the  other  religious  establish- 
ments and  convents  of  Mount  Athos. 

ARTICLE  XXIII.  All  the  Treaties,  Conventions,  and 
agreements  previously  concluded  between  the  two  High 
Contracting  Parties  relative  to  commerce,  jurisdiction,  and 
the  position  of  Russian  subjects  in  Turkey,  and  which  had 
been  abrogated  by  the  state  of  war,  shall  come  into  force 
again,  with  the  exception  of  the  clauses  affected  by  the 
present  Act.  The  two  Governments  will  be  placed  again  in 
the  same  relation  to  one  another,  with  respect  to  all  their 
engagements  and  commercial  and  other  relations,  as  they 
were  in  before  the  declaration  of  war. 

ARTICLE  XXIV.  The  Bosphorus  and  the  Dardanelles 
shall  remain  open  in  time  of  war  as  in  time  of  peace  to  the 
merchant -vessels  of  neutral  States  arriving  from  or  bound 
to  Russian  ports.  The  Sublime  Porte  consequently  engages 


APPENDIX  389 

never  henceforth  to  establish  at  the  ports  of  the  Black  Sea 
and  the  Sea  of  Azow,  a  fictitious  blockade  (Uocusfictif),  at 
variance  with  the  spirit  of  the  Declaration  signed  at  Paris 
on  the  T%  April,  1856. 

ARTICLE  XXV.  The  complete  evacuation  of  Turkey  in 
Europe,  with  the  exception  of  Bulgaria,  by  the  Russian 
army  will  take  place  within  three  months  after  the  con- 
clusion of  the  definitive  peace  between  His  Majesty  the 
Emperor  of  Russia  and  His  Majesty  the  Sultan. 

In  order  to  save  time,  and  to  avoid  the  cost  of  the  pro- 
longed maintenance  of  the  Russian  troops  in  Turkey  and 
Roumania,  part  of  the  Imperial  army  may  proceed  to  the 
ports  of  the  Black  Sea  and  the  Sea  of  Marmora,  to  be  there 
shipped  in  vessels  belonging  to  the  Russian  Government  or 
chartered  for  the  occasion. 

The  evacuation  of  Turkey  in  Asia  will  be  effected  within 
the  space  of  six  months,  dating  from  the  conclusion  of  the 
definitive  peace,  and  the  Russian  troops  will  be  entitled  to 
take  ship  at  Trebizond  in  order  to  return  by  the  Caucasus 
or  the  Crimea. 

The  operations  of  the  evacuation  will  begin  immediately 
after  the  exchange  of  ratifications. 

ARTICLE  XXVI.  As  long  as  the  Imperial  Russian  troops 
remain  in  the  localities  which,  in  conformity  with  the  present 
Act,  will  be  restored  to  the  Sublime  Porte,  the  administra- 
tion and  order  of  affairs  will  continue  in  the  same  state  as 
has  existed  since  the  occupation.  The  Sublime  Porte  will 
not  participate  therein  during  all  that  time,  nor  until  the 
entire  departure  of  all  the  troops. 

The  Ottoman  forces  shall  not  enter  the  places  to  be  re- 
stored to  the  Sublime  Porte,  and  the  Sublime  Porte  cannot 
begin  to  exercise  its  authority  there  until  notice  of  each 
fortress  and  province  having  been  evacuated  by  the  Russian 
troops  shall  have  been  given  by  the  Commander  of  these 
troops  to  the  officer  appointed  for  this  purpose  by  the 
Sublime  Porte. 

ARTICLE  XXVII.  The  Sublime  Porte  undertakes  not  to 
punish  in  any  manner,  or  allow  to  be  punished,  those  Otto- 
man subjects  who  may  have  been  compromised  by  their 
relations  with  the  Russian  army  during  the  war.  In  the 
event  of  any  persons  wishing  to  withdraw  with  their  families 
when  the  Russian  troops  leave,  the  Ottoman  authorities  shall 
not  oppose  their  departure. 


390  APPENDIX 

ARTICLE  XXVIII.  Immediately  upon  the  ratification  of 
the  Preliminaries  of  Peace,  the  prisoners  of  war  shall  be  reci- 
procally restored  under  the  care  of  special  Commissioners 
appointed  on  both  sides,  who  for  this  purpose  shall  go  to 
Odessa  and  Sebastopol.  The  Ottoman  Government  will  pay 
all  the  expenses  of  the  maintenance  of  the  prisoners  that  are 
returned  to  them,  in  eighteen  equal  instalments  in  the  space 
of  six  years,  in  accordance  with  the  accounts  that  will  be 
drawn  up  by  the  above-mentioned  Commissioners. 

The  exchange  of  prisoners  between  the  Ottoman  Govern- 
ment and  the  Governments  of  Roumania,  Servia,  and 
Montenegro  will  be  made  on  the  same  basis,  deducting, 
however,  in  the  account,  the  number  of  prisoners  restored 
by  the  Ottoman  Government  from  the  number  of  prisoners 
that  will  have  to  be  restored  to  that  Government. 

ARTICLE  XXIX.  The  present  Act  shall  be  ratified  by 
their  Imperial  Majesties  the  Emperor  of  Russia  and  the 
Emperor  of  the  Ottomans,  and  the  ratifications  shall  be 
exchanged  in  fifteen  days,  or  sooner  if  possible,  at  St.  Peters- 
burgh,  where  likewise  an  agreement  shall  be  come  to  as  to 
the  place  and  the  time  at  which  the  stipulations  of  the 
present  Act  shall  be  invested  with  all  the  solemn  forms 
usually  observed  in  Treaties  of  Peace.  It  is,  however,  well 
understood  that  the  High  Contracting  Parties  consider 
themselves  as  formally  bound  by  the  present  Act  from  the 
moment  of  its  ratification. 

In  witness  whereof  the  respective  Plenipotentiaries  have 
appended  their  signatures  and  seals  to  the  present  Act. 

Done  at  San  Stefano,  the  ntoe^hsf^*l5P,  one  thousand 
eight  hundred  and  seventy-eight. 

Cte.  N.  IGNATIEW.  SAP  VET. 

NELIDOW.  SADOULLAH. 

Final  paragraph  of  Article  XI  of  the  Act  of  the  Prelimi- 
naries of  Peace  signed  this  day,  F^raurci73'9,  1878,  which  was 
omitted,  and  which  should  form  an  integral  part  of  the  said 
Article  : 

The  inhabitants  of  the  Principality  of  Bulgaria  when 
travelling  or  sojourning  in  the  other  parts  of  the  Ottoman 
Empire  shall  be  subject  to  the  Ottoman  laws  and  authorities. 

(The  same  signatures.) 

San  Stefano,  r!&319>  1878. 


CHRONOLOGICAL  TABLE 

OF  PRINCIPAL  DOCUMENTS  AND  EVENTS  GIVEN  OR 
REFERRED  TO  IN  THIS  VOLUME 

The  letter  '  T  '  indicates  Texts  of  documents  given. 

,,       ,,      '  R  '         ,,        Documents  and  events  referred  to. 
The  figures  indicate  the  pages. 

1713.  Treaty  of  Utrecht.    Austrian  Netherlands.    R.  128. 

1720.  Guarantees  respecting  Schleswig.    Great  Britain  and  France. 

R.  187. 
1740  (and  later).  Capitulations.     Turkey  and  European  Powers. 

R.  159. 

1767.  Treaty.    Denmark  and  Russia.     Schleswig.     R.  187. 
1773.  Treaty.     Denmark  and  Russia.     Schleswig.     R.  187. 
'789.  July.     French  Revolution.    Destruction  of  Bastille.     R.  16. 
1/93-  Jan.  21.    Execution  of  Louis  XVI.    R.  18. 

Feb.  i.    War  between  England  and  France.    R.  19. 

1814.  Mar.  31.    Surrender  of  Paris  to  Allies.     R.  19. 
May  3.    Louis  XVIII  enters  Paris.    R.  19. 

May  30.  Treaty  of  Peace  between  the  Allies  and  Franca 
(the  '  First  Peace  of  Paris  ').  R.  19-24. 

May  30.     Slave-trade  Article  to  above.    T.  24  (foot-note). 

May  30.  Treaty  of  Peace.  Article  VI  :  Kingdom  of  Nether- 
lands. R.  129. 

July  30.  Speech  of  Prince  Regent  on  the  Peace,  &c. 
T.  (extract)  25. 

Sept.  General  Congress  assembled  at  Vienna.  (Concluded 
labours  June  19,  1815.)  R.  25. 

Oct.  30.  General  Congress  assembled  at  Vienna.  First 
plenary  meeting.  R.  29. 

Oct.    Task  and  Negotiations  of  Congress.     R.  26  onwards. 

1815.  Slave-trade  discussions  in  Vienna  Congress.    R.  30. 
Jan.-Feb.     Slave  Trade.     R.  32,  33. 

Vienna  Congress.     Discussions  and  results.     R.  30  onwards. 

Jan.  3.  Treaty,  Defensive  Alliance:  Great  Britain,  France, 
and  Austria.  R.  30. 

March.    Free  Navigation  of  Rivers.     Regulations.     R.  31. 

The  seventeen  Annexes  to  the  Treaty  of  Vienna.    Epi- 
tome 95-98.    Comprising  the  following  documents  : 

Apr.  2i-May  3.  I.  Treaty.  Austria  and  Russia.  Poland. 
Boundaries  and  other  stipulations.  95. 

Apr.  2i-May  3.  II.  Treaty.  Russia  and  Prussia.  Poland, 
&c.  95. 

Apr.  2i-May  3.  III.  Treaty  (additional).  Austria,  Prussia, 
Russia.  Cracow.  95. 

May  1 8.  IV.  Treaty.  Prussia  and  Saxony,  &c.  Territorial 
changes,  Elbe  navigation,  &c.  95-6. 


392  CHRONOLOGICAL  TABLE 

1815.  May  18-29.  V.  Declaration.  Saxony.  House  of  Schonburg. 
96. 

May  29.   VI.  Treaty.    Prussia  and  Hanover.   Territorial.    96. 

June  I.  VII.  Convention.  Prussia  and  Saxe-Weimar. 
Territorial.  96. 

May  31.  VIII.  Convention.  Prussia  and  Nassau.  Terri- 
torial. Ehrenbreitstein.  96. 

June  8.    IX.  Act.    Federative  Constitution  of  Germany.    96. 

May  31.  X.  Treaty.  Great  Britain,  &c.,  and  Netherlands. 
Union  with  Belgium.  97. 

Mar.  20.  XI  A.  Declaration  (eight  Powers).  Helvetic  Con- 
federacy. 97. 

May  27.    XI  B.   Act  of  Acceptance  of  above  by  Switzerland. 

97- 
Mar.  29.    XII.   Protocol  (eight  Powers).    Cessions  :   Sardinia 

to  Geneva,  &c.    97. 
May  20.    XIII.   Treaty  (six  Powers).    Sardinia,  Geneva,  &c. 

Genoa.    Chablais.    Faucigny.     Boundaries,  &c.    97. 
May  20.    XIV.  Conditions  for  Union  of  Genoa  with  Sardinia 

(annexed  to  Annex  XIII).    98. 

Feb.  8. -XV.  Declaration  (eight  Powers).  Abolition  of  Slave- 
trade.  98. 

Mar.    XVI.    Regulations.    Navigation  of  Rivers.    98. 
Mar.  19.      XVII.     Regulations.      Precedence  of  Diplomatic 

Agents.    98. 

June  9.     Vienna  Congress  Treaty.    T.  37-94. 
June  1 8.    Battle  of  Waterloo.    R.  52. 
Sept.   26.    Treaty  '  Holy  Alliance ' :    Austria,   Prussia,   and 

Russia.     R.  34,  35. 
Sept.   '  Holy  Alliance '.    Prince  Regent's  reply  to  invitation  to 

accede.     R.  36. 
Nov.  20.     Treaty.      '  Second  Peace  of  Paris.'     Modifications. 

War  Indemnity,  &c.     R.  36,  37. 
1819.  July  20.     Treaty.     Article  36.     Luxemburg  garrisoned  by 

Prussia.    R.  257. 
1822  and  1823.  Conferences.    Troppau  and  Laibach.    Revolution  in 

Naples,  &c.    R.  36. 
1823.  Congress  of  Verona.    Slave  Trade.    R.  33. 

1825.  Sept.  30.    Proclamation  of  Neutrality.     Greek  Insurrection. 

R.  105  (footnote). 

1826.  Apr.  4.    Protocol  of  Petersburgh.    Mediation  between  Greece 

and  Turkey.    R.  105-6. 

1827.  July  6.    Treaty.    Great  Britain,  France,  and  Russia.    Media- 

tion between  Greece  and  Turkey.    R.  106. 
Oct.  20.      Battle  of  Navarino.      Destruction  of    Egyptian 
Fleet.     R.  106-7. 

1829.  Sept.  14.    Treaty  of  Adrianople.    Russia  and  Turkey.  (Settle- 

ment of  Greece,  &c.)    R.  107-8. 

1830.  Feb.  3.    Protocol.    Great  Britain,  France,  and  Russia.    Inde- 

pendence of  Greece.    R.  108.    T.  120. 

1831.  Apr.     Crown  of  Belgium  accepted  by  Prince  Leopold.    R. 

133. 

Nov.  15.  Treaty.  Separation  of  Belgium  from  Holland 
(Luxemburg,  &c.).  R.  133,  257. 


OF  DOCUMENTS  AND  EVENTS  393 

1832.  May  7.     Convention.     Great  Britain,  France,  and  Russia. 

Independence  of  Greece  :    Guarantee,  Loan,  &c.     R.  108. 
T.  116. 

1833.  July  8.     Treaty  of  Unkiar  Skelessi.     Russia  and  Turkey. 

R.  166. 

1839.  Apr.  19.    Treaty.     Kingdom  of  Belgium  (Luxemburg,  &c.). 

T.  141.    R.  257. 

1840.  July  15.    Treaty.    Great  Britain,  &c.,  and  Turkey.    Pacifica- 

tion of  Levant.    R. 167. 

1846.  July  8.    Royal  Rescript,  Denmark.    Danish  Duchies.    R.  187. 

T.  (extract)  188-9. 

1847.  Dec.  24.    Treaty.    Austria  and  Modena.    Alliance.    R.  214 

1848.  Feb.  4.    Treaty.    Austria  and  Parma.    Alliance.    R.  214. 

1849.  Aug.  6.    Treaty.    Austria  and  Sardinia.    Peace.    R.  212. 

1850.  Feb.    Advice  by  Lord  Palmerston  to  Denmark.     Succession 

question.     R.  191. 
July  2.    Treaty.    Peace.    Denmark  and  German  Confederacy  : 

Duchies  question.    R.  190. 
1852.  Jan.    Arrangement.    Danish  promises  respecting  the  Duchies. 

R.  191. 
May  8.     Treaty.     Denmark  and  the  Powers.     Integrity  of 

Danish  monarchy  :   Succession.    R- 191.    T.  198. 

1855.  Sept.  8.    Fall  of  Sebastopol. 

1856.  Feb.  1 8.    Hatti-Hamouin.    Christians  in  Turkey.    Reforms. 

R.  321. 

Mar.  30.  Treaty  of  Paris.  End  of  Crimean  War.  R.  168-76, 
313-  T.  176. 

Mar.  30.  Treaty  of  Paris.  Partial  denunciation  of.  R.  313- 
18. 

Apr.  14.  Declaration.  Mediation  before  going  to  war. 
R.  243-4,  27°  (footnotes). 

Apr.  16.  Declaration  of  Paris.  Maritime  Law.  R.  175. 
T.  185. 

Oct.  17.  Treaty.  Great  Britain  and  United  States  ('  Claren- 
don-Dallas ').  R.  5. 

1859.  Apr.   28.     Declaration  of  War.     Austria  against  Sardinia. 

R.  214. 
Apr.   29.     Declaration  of  War!     Sardinia  against  Austria. 

R. 214. 
May  3.    Declaration  of  War.     France  against  Austria.     R. 

214. 
July  IT.    Preliminary  Articles  of  Peace.    France  and  Austria. 

R.  214. 
July  25.     Dispatch.     Lord  John  Russell.     Views  respecting 

proposed  reorganization  of  Italy.     R.  216. 
Aug.    Italian  Duchies  vote  annexation  to  Sardinia.  R.  216-17. 
Nov.  10.    Treaty.     France  and  Austria  (and  Italy).     Peace. 

Cession  of  Lombardy.    R.  215-19.    T.  226. 
Congress  (proposed).    Austrian  and  Sardinian  difficulties,  &c. 

R.  213,  219. 

1860.  Jan.    I.      Dispatch.      Lord    Cowley.      Congress   abandoned. 

T.  219-20. 

Mar.  1 8  j  Decrees.     Sardinia  annexes  Italian  Duchies,  &c. 
Mar.  22  V        R.  220-1. 


394  CHRONOLOGICAL  TABLE 

1860.  Mar.  24.    Treaty.    France  and  Sardinia.    Annexation  of  Savoy 

and  Nice  to  France.    R.  222. 

June  21.    Arrangement.    Greek  Loan:  Interest,  &c.    R.  110. 
1861    Mar.  17.    Law.    Title  of  King  of  Italy  assumed  by  King  of 

Sardinia.     R.  222. 

1863.  July  13.    Treaty.    Great  Britain,  France,  and  Russia.    Greek 

throne.       Guarantee.     Cession    of    Ionian    Islands,    &c. 

R.  no.    T.  123. 
Nov.     Constitution  incorporating  Schleswig  with  Denmark. 

R.  192,  193. 
Claim  of  Duke  of  Augustenburg  to  Danish  Duchies.    R.  193. 

1864.  Apr.-June.    Conferences  :    Dano-German  War.    R.  195. 
Oct.  30.    Treaty.    Austria,  Prussia,  Denmark.    Cession  of  the 

Duchies.    R.  195.    T.  199. 

1865.  Aug.    14.     Convention.     Austria  and  Prussia.     Division  of 

Danish  Duchies,  &c.    R.  196,  242. 
Sept.  14.    Dispatch  by  Earl  Russell.    Conduct  of  Austria  and 

Prussia  re  the  Duchies.    T.  197. 
Sept.     Meeting  of  Bismarck  and  Napoleon  III  at  Biarritz 

(Italy).    R.  263. 

1866.  May.    Alliance.    Italy  and  Prussia  against  Austria.    R.  223, 

242. 

May.    Proposed  Congress.    Lord  Clarendon's  views.    R.  243. 
June   14.     Prussian  Declaration.     Dissolution  of  Germanic 

Confederation.    R.  242. 
June  17-20.    Declarations  of  War.    Italy  and  Prussia  against 

Austria.    R.  223,  246. 
July  26.    Treaty  (preliminary).    Austria  and  Prussia.    Peace. 

(Cession  of  Venetia  to  Italy.)    R.  223,  247. 
Aug.  13.    Treaty.    Prussia  and  Wurtemberg.     Peace.    War 

indemnity,  &c.    R.  249. 
Aug.  17.    Treaty.    Prussia  and  Baden.     Peace,  &c.  :    Rhine 

Dues.    R.  249. 

Aug.  22.    Treaty.    Prussia  and  Bavaria.    Peace,  &c.    R.  250. 
Aug.  23.     Treaty  (Prague).     Austria  and   Prussia.     Peace. 

Venetia,  Danish  Duchies,  &c.     R.  224,  248.    T.  251. 
Aug.  and  Sept.     Treaties.     Alliance  :    South  German  States 

and  Prussia.    R.  250. 
Sept.  3.    Treaty.    Prussia  and  Hesse-Darmstadt.    Peace,  &c. 

R.  250. 

Sept.  20.    Decree.    Annexations  to  Prussia.    R.  249. 
Oct.  3.     Treaty.     Austria  and  Italy.     Peace.     (Cession  of 

Venetia,  &c.)    R.  224.    T.  233. 
Oct.  8.     Treaty.     Prussia  and  Saxe-Meiningen.     Peace,  &c. 

R. 250. 
Oct.  19.  Proces-verbal.  Delivery  of  Venetia  to  the  Venetians. 

R.  226. 
Oct.  21.    Treaty.    Prussia  and  Saxony.    Peace.    Army.    War 

Indemnity,  &c.      R.  250. 

1867.  May  ii.    Treaty.    Great   Britain,  &c.    Luxemburg  question 

(Neutral  State,  &c.).    R.  258,  264.    T.  260. 
June  14.    Constitution.  North  German  Confederation.  R.  250. 
July  4.    Speech :    Lord  Derby,  on  nature  of  Guarantees,  &c. 

(Luxemburg  question).    R.  258. 


OF  DOCUMENTS  AND  EVENTS  395 

1870.  July  6.    Statement  by  Due  de  Gramont.    Hohenzollern  Candi- 

dature for  throne  of  Spain.    T.  266. 
July  13.    The  Ems  telegram.    History  of.    R.  268.    T.  269-70 

(footnote) . 

July.    Hohenzollern  affair.    British  action.    R.  266-70. 
July.    Hohenzollern  affair.    Appeal  to  Paris  Declaration  as  to 

mediation.    R.  270. 

July  19.    Declaration  of  War.    France  against  Prussia.  R.  271. 
Aug.  9.    Treaty.    Great  Britain  and  Prussia.     Neutrality  of 

Belgium.    R.  270-1. 
Aug.  1 1 .    Treaty.    Great  Britain  and  France.    Neutrality  of 

Belgium.    R.  270-1. 
Oct.  31.     Denunciation  by  Russia  of   Black  Sea  Articles   of 

Treaty  of  Paris,  1856.    R.  313-16. 

1871.  Jan.   17.    Declaration.     Binding  force  of  Treaties.      T.   n. 

R.  320. 
Jan.    1 8.     King  of   Prussia  proclaimed   German   Emperor. 

R.  271. 
Feb.   26.      Treaty,    preliminary.     Peace,    Boundaries,    &c : 

France  and  Germany.    R.  271.    T.  274. 
Mar.  13.    General  Treaty.    Black  Sea,  Dardanelles,  Danube, 

&c.     Amendment  of  Treaty  of  Paris,   1856.     R.  318-21. 

T.  330. 

Apr.  16.    Constitution.    German  Empire.    R.  273.    T.  288. 
May  10.    Treaty,  definitive.    Peace,  Boundaries,  &c.  :    France 

and  Germany.    R.  272.    T.  279. 
Oct.    12.     Additional   Convention.     France   and   Germany. 

Customs,  Renewal  of  Treaties,  &c.    R.  272. 
Dec.    ii.     Additional  Convention.     France  and   Germany. 

Customs,  Renewal  of  Treaties,  &c.    R.  272. 

1870-1.  Action  of  Prussia  respecting  Neutrality  of  Luxemburg. 
R.  259. 

Causes  of  Franco-German  War.    R.  271  (footnote). 

1876.  Jan.    Andrassy  Note.    Eastern  question.    R.  322. 

July.    Serbia  and  Montenegro  declare  war  on  Turkey.  R.  324. 
1876-7.  Constantinople  Conferences.     R.  324. 

1877.  Apr.  24.    Declaration  of  War.   Russia  against  Turkey.  R.  324. 

1878.  Feb.  6.    British  Fleet  pass  through  Dardanelles.    R.  325. 
Mar.  3.     Treaty    (San    Stefano).     Peace,    &c.     Russia   and 

Turkey.    R.  325.     T.  377. 
June  4.    Convention.    Great  Britain  and  Turkey.    Alliance. 

Cyprus,  &c.    R.  326. 
June  13.    Congress  of  Berlin.    Affairs  of  the  East.    R.  326. 

ni3.     Treaty  of  Berlin.     Affairs  of  the  East.     R.  326. 
•  332. 

1879.  Oct.  7.     Dual  Alliance:    Germany  and  Austria.     R.  368-9. 

T.  372-4- 

1881.  May  24.    Treaty.    Six  Powers  and  Turkey.    Thessaly  ceded 

to  Greece.    R.  in. 

1882.  May.    Accession    of    Italy   to    Treaty  of  Alliance  of    1879 

between  Austria  and  Germany  (Triple  Alliance).    Renewed 
May  20,  1903.    R.  369.    T.  374. 

1886.  Apr.  5.    Act.    Modification  of  Treaty  of  Berlin,  1878.    Union 
of  Bulgaria  and  Eastern  Roumelia.    R.  326. 


396  CHRONOLOGICAL  TABLE 

1890.  July  i.    Agreement.    Anglo-German.    Heligoland,  &c.    R.  6. 
Nov.  23.    Luxemburg  passes  from  Netherlands  by  operation 

of  Salic  Law.    R.  259. 
1892.  Oct.  17.     Extradition  Treaty.     Great  Britain  and  Portugal. 

R.  13- 

1897.  Turco-Greek  War.    R.  in. 

1903.  May  20.    Triple  Alliance,  1882.    Renewal.    T.  374. 
1908.  Oct.  3.    Annexation  of  Bosnia  and  Herzegovina  by  Austria. 

R.  327. 
Oct.  5.    Proclamation.    Independence  of  Bulgaria.    R.  327. 

1912.  Oct.  1 8.    Treaty.    Italy  and  Turkey.    Peace.    Annexation  of 

Tripoli.    R.  327. 
Sept.  30.    Balkan  War.    R.  327. 

1906-12.  Conversations.    British  and  Belgian  Officers.    Defence  of 
.  Belgium  against  Germany.    T.  152-7. 

1913.  May  19.    Serbo-Greek  Treaty  of  Alliance.     R.  113. 

May  30.    Treaty.    Balkan  States  and  Turkey.    Peace,  &c. 

R.  328.    T.  361. 
Aug.  10.    Treaty.     Balkan  States  and  Turkey.     Peace,  &c. 

R.  328.    T.  362. 

1914.  Aug.  2.    Commencement  of  European  War.    R.  329. 

Aug.  4.    Belgian  appeal  to  Powers.    Violation  of  Neutrality. 

T.  137- 
Belgium.     German    acknowledgement    of   wrongful    action. 

T.  136. 

Aug.  22.    Guarantee  of  Turkish  Integrity  proposed.    R.  329. 
Sept.  10.    Abolition  of  Capitulations  by  Turkey.    R.  329. 
Nov.  5.    Annexation  of  Cyprus  by  Great  Britain.    R.  329. 
Dec.  19.    Egypt  declared  a  British  Protectorate.    R.  329. 

1915.  May.    Italy  withdraws  from  Triple  Alliance.    R.  372. 

May  23.    Declaration  of  War.    Italy  against  Austria.    R.  372. 
Sept.-Oct.    Campaign  against  Serbia.  Occupation  of  Salonika. 
R.  "3- 

1916.  Aug.  28.  Declaration  of  War.  Italy  against  Germany.  R.  372. 

1917.  June  12.    Abdication  of  King  Constant! ne  of  Greece.  R.  116. 
Aug.  4.     Publication  of  Diplomatika  Engrapha.     R.  113. 

1919.  June  28.    Treaty  of  Versailles.    Peace  between  the  Allies  and 

Germany.    R.  5. 
Covenant  of  the  League  of  Nations  (in  Treaty  of  Versailles). 

R.  243-4  n. 
Aug.  ii.  Constitution  of  Germany.    R.  288  n. 


INDEX 


PART  I.    TREATIES,   CONVENTIONS, 
CONGRESSES 


Adrianople,  107-19. 
—  (1829),  173-4,  165-6. 
Akerman  (1826),  165  «.,  172. 
Amiens  (1802),  19. 
Andrassy  Note  (1876),  322. 
Anglo- Belgian  (1862),  8. 
Anglo-German  (1890),  6. 
Aland  Convention  (1856),  174-5. 


Berlin  (1878),  7,  1 1,  1 1 1,  326  ff., 

345,  368.  372. 

Berlin  Memorandum  (1876),  322. 
Black  Sea  (1856),  313  ff. 
Bosnia-Herzegovina  (1908),   n, 

327. 

Brussels  (1890),  5,  6. 
Bucharest  (1812),  165,  172,  174. 
—  (1913),  112,  328,  362-4. 

Cape  of  Good  Hope,  31. 
Capitulations,  159. 

-  (1914),  329- 
Clarendon-Dallas  (1856),  5. 
Commercial  Treaty  with  France 

(1860),  6,  12. 

Constantinople  (1832),  no-n. 
— (1876-7),  324,  342. 

—  (1878)  :   see  Cyprus. 

—  (1884),  in  n. 
-(1913),  328  n. 

Cyprus,   Convention  of   (1878), 
326,  329. 

Danish  Rescript  (1846),  188-9. 
Demarara  (1814),  31. 
Denmark  (1850),  190. 

—  (1881),  10. 

—  (1883),  10. 
Dominica  (1850),  9,  10. 
Dreikaiserbund  (1872),  367-8. 


Federal  Act  (1815),  188,  199. 
Firman  of  1841,  168. 

—  of  1856  (Hatti-Hamouin),  169. 
Frankfort  (1819),  257. 

—  (1871),  272,  367. 
Friedrichshamm,  1809,  174. 

Gastein  (1865),  196,  241-2,  263. 
Germanic  Confederation  (1820), 
188. 

Hatti-Hamouin  (1856),  see  Fir- 
man. 

Hawaii  (1851),  9. 
Holstein  Convention  (1720),  187. 

—  (I767),i87. 

—  (1773),  187. 

Holy  Alliance  (1816),  34-6,  367. 

Italian  Duchies  (1847),  213-14. 
Jassy  (1792),  164. 

Konia  (1880),  347. 
Kutschuk-Kainardji(i775),  159- 
60,  173. 

Laibach  (1821),  36. 
Lauenburg  (1815),  187. 
Lausanne  (1912),  327. 
London  (1827),  105-9. 

—  (1830),  108-9,  J3°- 

—  (1831),  33,  133-5,257. 

—  (1832),  108-11. 
-(i839),  33,  134-9,  257,  271. 

—  (1852),  191  ff. 

—  (1863),  109-11. 

—  (1864),  iio-ii,  195,  197. 

—  (1867),  14,  135,  257» 

—  (1870),  136. 

—  (1871),  ii,  318. 

—  (1883),  s,  15. 

—  (1913),  112,  328. 


398 


INDEX 


Mayence  (1831),  147. 
Mediation  (1856),  243  and  «.,  270. 
Milan  (1849),  213- 

Navigable  rivers,  31. 
Netherlands  (1814),  31. 
Nikolsburg  (1866),  223,  247. 

Paris  (1814),  19-25,  26,  31,  31  n., 
32,  36,  37,  48,  129,  149. 

—  (1815),  36-7. 

—  (1856).  ii,  14,  158  ft.,  163  ft., 
270,  312  ft. 

—  Declaration  of  (1856),  175. 

—  (1882),  12. 
Poland  (1832),  38  M. 
Portsmouth  (1905),  12. 
Portugal  (1883),  10. 

—  (1892),  13. 

Protocol  of  24  Articles  (1831), 
133- 

Russian  Circular  (1871),  313  ff. 

St.  Petersburg  (1826),  105-6. 
San  Stefano  (1878),  325  ff.,  341, 

357-8,  Appendix. 
Scheldt  (1715),  134. 
Serbia  (1901),  10. 
Serbo-Greek  (1913),  113  and  n. 
Slave  Trade,  32-3. 
Spain  (1817),  26. 

—  (1878),  10. 

Straits,  Convention  of  the  ( 1 84 1 ) , 
168,  178. 


Tilsit  (1807),  38  and  n.,  47,  48, 

165. 
Triple  Alliance  (1788),  164. 

—  (1882),  369  ff. 

—  (1903),  370. 
Troppau  (1820),  36. 
Turin  (1860),  222. 

Unkiar  Skelessi  (1833),  i66ff. 
U.S.A.  (1842),  10. 
Utrecht  (1579),  128. 

—  (1713),  128,  256. 

Verdun  (843),  126. 
Verona  (1822),  25  n.,  33. 
Versailles  (1871),  271. 

—  (I9I9),  5- 

Vienna  (1809),  39  and  n. 

—  Congress     (1814-15),     16-37, 
130,  134,  158,  212,  256. 

—  (1815),  6,  7,  16-98,  128,  129, 
150, 171, 187,201,210,  213,  222. 

—  (1864),  *95  fc»  241-2,  248. 

—  (1878),  252  n. 

—  (1879),  368  ff. 

—  (1908)  (Bosnia-Herzegovina), 

327- 

Vienna  Note  (1853),  162. 
Villafranca  (1859),  2i4ff. 

Westphalia  (1648),  134. 

Zollverein  (1865),  8,  9,  249. 

—  (1867),  299. 
Zurich  (1859),  76. 


PART  II.     GENERAL 


Aali,  184. 

Abeken,  269  n. 

Aberdeen,  Lord,  22,  123,  162. 

Acarnania,  1 1 1 . 

Adrianople,  324,  328. 

Aland  Islands,  174-5. 

Albania,  328. 

Alexander  of  Battenberg,  326 

Alexander  I,  27-9,  32,  103,  104, 

105,   164-5. 

Alexander  II,  312-13,  324,  374  w 
Alexandria,  168. 
Alexandrowo,  368,  374. 
Ali  Pasha  of  Yanina,  104. 
Alsace,  34,  271,  274. 


Ambrois,  des,  233. 

Andrassy,  322,  360,  374. 

Antwerp,  22,  133,  134,  135. 

Apponyi,  262,  332. 

Arnim,  285,  288. 

Arta,  in. 

Augustenburg,  Duke  of,  187  ff. 

Austria,  House  of,  225. 

Austrian  Succession  War,  130. 

Austro-Bourbon  Alliance  (1756), 

128. 
Azeglio,  D',  262. 

Baden,  249. 
Balan,  209. 


INDEX 


399 


Balkan  League,  327. 

Balkan    Wars    (1912-13),    112, 

327  flf. 

Banneville,  233. 
Bastille,  16. 

Batavian  Republic,  129. 
Batoum,  327. 
Bavaria,  250. 
Beaconsneld,     Earl     of :      see 

Disraeli. 
Belfort,  272. 

Benedetti,  14,  269,  370-1. 
Bentinck,  262. 
Bernstorff,  262,  332. 
Bessarabia,  173. 
Bethlehem,  160. 
Bethmann-Hollweg,  136. 
Biarritz,  263. 
Bille,  125,  199. 
Bismarck,     195  ff.,     241,     259, 

2635.,    278,    285,    288,    317, 

360,  368,  371. 
Black  Sea,  n. 
Bologna,  220. 
Bosnia,  327. 
Bosphorus,  165  ff. 
Bourbon,    House    of,     18,     19, 

132. 

Bourqueney,  184,  233. 
Braila,  320. 
Bray-Steinburg,  279. 
Brenner,  209,  255. 
Breslau,  329. 
Broglie,  332. 
Bruges,  127. 
Brunnow,    125,    184,    197,    262, 

332. 

Brunswick,  250. 
Brussels,  132-3. 
Bukovina,  172. 
Bulair,  lines  of,  325,  327. 
Bulgaria,  327. 
Bulow,  142,  360. 
Bunsen,  177. 
Buol-Schauenstein,  184. 
Burgundy,  House  of,  256. 
Busch,  268. 
Byron,  Lord,   104. 

Cadorna,  332. 

Canning,  George,  104-7,  l^5- 
Capodistrias,  108. 
Caratheodory,  360. 
Carrara,  220. 


Castlereagh,  Lord,  22,  25,  30,  32, 

104. 

Cathcart,  Lord,  22,  25,  94. 
Catherine  II,  164. 
Cavour,  169,  184. 
Chablais,  210  ff. 
Chambery,  213. 
Charles  the  Bold,  127. 
Charles  I  of  Roumania,  314. 
Charles  V,  127. 
Charles  X,  132. 
Chatalja,  lines  of,  328. 
Christesco,  366. 
Christian  III.  187. 
Christian  IX,  no,  191  ff. 
Church,  Sir  Richard,  104. 
Clancarty,  Lord,  25,  94. 
Clarendon,  Lord,  5  «.,  184,  243. 
Coalition,  1792,  18. 
Coanda,  366. 
Cobden,  Richard,  12. 
Cochrane     (Lord     Dundonald), 

105. 

Codrington,  Admiral,  107. 
Concert   of   Europe,    158,    163, 

169. 

Constantinople,  159  ff.,  324,  328. 
Coraes,  103. 
Corti,  360. 
Cotto,  A.  de,  119. 
Couza,  Prince,  174,  314. 
Cowley,  Lord,  184,  215. 
Crete,  112,  328. 
Crimean  War,  in.  I58ff. 
Crowe,  J.  A.,  15. 
Crusades,  163. 
Custine,  General,  18. 
Cyclades,  in. 
Cyprus,  326. 

D'Alberg,  Due,  94. 

Danube,  15  ;    navigation  of,  5, 

171-2,  320. 

Danubian  Principalities,   171-4. 
Dardanelles,    107,    163,    165  ff., 

325.  329.  371. 
Dedeagach,  328. 
Dedel,  142. 
Derby,  Lord,  325. 
Desprez,  360. 
Diebitsch,  107,  109. 
Die  Wacht  am  Rhein,  168  n. 
Disraeli,  322  ff.,  360. 
Dissesco,  366. 


400 


INDEX 


Djemil.  Mehemmed,  184. 
Dniester,  173. 
Dobruja,  328. 

Edward  IV,  127. 

Egypt,  329. 

Elba.  19. 

Emilia,  220. 

Ems  telegram,  268-9. 

Enos-Midia  line,  328. 

Euboea,  in. 

Eu  ropean  Commission  of  Danube, 

171-2,  320. 
European     War     (1914),     112, 

135,  329,  369,  372. 
Exadactylos,  366. 

Fane,  Julian,  15. 
Faucigny,  210  ff. 
Favre,  Jules,  278,  285,  288. 
Feodosia,  329. 
Ferdinand  I,  127. 
Ferdinand  IV,  30,  210. 
Ferrara,  220. 
Finland,  174. 
Fitcheff,  366. 
Flanders,  18. 
Florence,  226. 
Franco-Prussian  War,  367. 
Frankfort,  196,  249. 
Frankfort  Diet,  241,  317. 
Frederick  the  Great,  264. 
Frederick  William  IV,  190. 
Frederick  VI,  187. 
Frederick  VII,  188-94. 
Fried  land,  165. 
Forli,  220. 

Galicia,  29,  30. 

Gallipoli,  325,  328. 

Gama,  de  Saldahna  da,  94. 

Gazette,  London,  9. 

Geneva,  22. 

Genoa,  210  ff. 

George  I,  110-12. 

George  IV  (Prince  Regent),  25, 

36. 

George  I  (Greece),  327. 
German  Empire,  33,  273-4. 
Germanic  Confederation,  31,  33, 

i86.ff.,  223,  241  ff.,  317. 
Girondists,  18. 
Glucksburg,  House  of,  191. 
Goderich,  Lord,  106. 


Goeben,  329. 

Gorchakoff,  313  ff.,  360,  367. 
Goulard,  de,  285,  288. 
Graeco-Turkish  War  (1897),  1 1 1. 
Gramont,  Due  de,  264  ff. 
Granville,    Earl,    15,    139,    259, 

266  ff.,  318.  332. 
Greek  War  of  Independence,  165. 
Grey,  Sir  E.,  328. 
Gros,  Bon.,  125. 
Garda,  Lake  of,  219. 

Habsburg,  House  of,  127-8,  256. 
Hanover,  249-50. 
Hanse  Towns,  35. 
Hardenberg,  Prince,  94. 
Hatzfeldt,  d',  184. 
Haymerle,  360. 
Heligoland,  6. 
Henry  V,  127. 
Herzegovina,  321  ff.,  327. 
Hesse-Cassel,  247,  249. 
Hesse-Darmstadt,  250. 
Hetaeria,  Philike,  103. 
Hohenlohe,  360. 
Hohenzollern-Sigmaringen, 

House  of,  314. 
Holstein,  i86ff.,  243,  247-8. 
Holy  Alliance,  7  «.,  99. 
Holy  Places,  160. 
Holy  See,  210  ff. 
Hubner,  184. 
Humboldt,  Baron,  24. 

Ibrahim  Pasha,  105,  106,  166-7. 

Imperial  Chancellor,  1 36. 

India,  22. 

Ionia,  112. 

Ionian  Islands,  in. 

Isabella  of  Bourbon,  127. 

Isatcha,  171-2,  320. 

Italy,  Kingdom  of,  33. 

Ivantchoff,  366. 

Jocteau,  233. 
John  II,  127. 
Jolly,  279. 
Jonesco,  Take,  366. 

Kalafatovitch,  366. 
Karolyi,  233,  360. 
Kauffmann,  209. 
Kavalla,  328,  371. 


INDEX 


401 


Kiel  Canal,  240. 
Konieh,  166. 
Konigstein,  250. 
Kubeck,  199. 

La  Tour  D'Auvergne,  262. 
Lauenburg,  187  ff. 
Launay,  360. 
Legations,  216  ff. 

—  Papal,  31. 
Leipsic,  battle  of,  129. 
Leipzig  University,  250. 
Leopold  I,  1 08. 
Leopold  I  (Belgium),  133. 
Leopold    of     Hohenzollern-Sig- 

maringen,  264  ff . 
Libyan  War,  371. 
Lieven,  Prince,  119,  123. 
Limburg,  133-4. 
Liverpool,  Earl  of,  106. 
Lombardo-Venetian     kingdom, 

33,  214  ff- 

Lombardy,  31,  33,  210  ff. 
Lorraine,  34,  126,  271,  274. 

—  House  of,  216. 
Louis  XV,  127. 
Louis  XVI,  16,  18. 
Louis  XVII,  19. 

Louis  XVIII,  19,  26,  132. 
Louis  Buonaparte,  129. 
Louis  Philippe,  132. 
Lowenhielm,  Comte,  94. 
Ludwig  I,  109. 
Luxemburg,  134,  135. 
Luxemburg  City,  134. 
Lyons,  Lord,  267. 

Mackensen,  Marshal  von,  115. 

Maastricht,  134. 

Magenta,  214. 

Mahmud  II,  105,  167. 

Main,  135,  250. 

Maioresco,  366. 

Malmesbury,  Lord,  199. 

Malta,  22. 

Manteuffel,  184. 

Mantua,  217. 

Margaret  of  Burgundy,  127. 

Marghiloman,  366. 

Marie  Antoinette,  Queen,  18. 

Marie  Louise,  Empress,  31. 

Marmara,  Sea  of,  325. 

Mary  of  Burgundy,  127. 

Massa,  220. 


Matanovitch,  366. 

Matuszewic,  119. 

Maximilian  I,  127. 

Mecklenburg-Schwerin,  250. 

Mehemet  AH,  105,  166-8,  360. 

Menabrea,  239-40. 

Menshikoff,  Prince,  160. 

Metternich,  93,  104. 

Metz,  259,  313. 

Meuse,  133. 

Meysenbug,  233. 

Mittnacht,  279. 

Modena,  214  ff. 

Moldavia,    102-4,    *6o  ff.,    165, 

171  ff.,  314. 

Moltke,  von,  247,  264,  268. 
Moniteur  Beige,  9. 
Monte-Lombardo,  226. 
Montmorency-Laval,  123. 
Moselle,  134,  272. 
Motley,  J.  L.,  128. 
Murat,  30. 
Musurus,  332. 

Napier,  Sir  Charles,  168. 
Napoleon  I,  19,  25,  124,  164-5, 

212. 
Napoleon    III,    160  ff.,    263  ff., 

317- 

Nations,  League  of,  243  4»t. 

Navarino,  106-7,  IO9.  J65 

Neckar,  134. 

Negropont :  see  Euboea. 

Nesselrode,  Comte,  94. 

Netherlands,  Spanish.  127. 
I   Neutrality  of  Switzerland,  2 10  ff. 
i   Newfoundland,  22. 

Nice,  221  ff. 

Nicholas  I,  105,  107,  160  ff.,  312. 

Nisib,  167. 

Noailles,  Comte  de,  94. 

North    German    Confederation, 
33,  250,  251,  257,  262  ff. 

Obrenovitch,  Prince  Milosh,  174. 
Oczakov,  164. 
Odessa,  102,  103,  164,  329. 
i   Orange-Nassau,  House  of,  128- 

33,  256,  259. 
Orleans,  House  of,  132. 
Orloff,  184. 
Otho  I,  109-10. 
Oubril,  d',  360 


402 


INDEX 


Pachitch,  366. 

Pali,  366. 

Palmella,  Comte  de,  94. 

Palmerston,  Lord,  119,  142,  167, 

191. 

Panas,  366. 
Papal  States,  2 1 2  ff . 
Paris,  317. 

Parliament  and  Treaties,  5-6,  12. 
Parma,  32,  214  ff. 
Peschiera.  217. 
Phanariots,  102,  103. 
Philip  I  of  Burgundy,  127. 
Philip  the  Good,  127. 
Philip  II  of  Spain,  127. 
Philippopolis,  326. 
Piacenza,  220. 
Piedmont,  212  ff. 
Pitt,  164. 
Po,  219. 

Poland,  27,  28.  195. 
Polignac,  Due  de,  132. 
Politis,  366. 

Pomerania,  Swedish,  30. 
Posen,  29,  30,  374  n. 
Pourger-Quertier,  285,  288. 
Pozzo  di  Borgo,  142. 
Prim,  General,  264-5. 
Pruth,  104,  165,  173. 

Quaade,  209. 

Radeff,  366. 

Rasoumoffsky,  Prince,  94. 
Ravenna,  220. 
Rechberg,  209. 
Reggio,  220. 
Rehausen,  199. 
Restitch,  366. 
Reuss,  Henry  VII  of,  374. 
Revolution  (1789),  16-17,  128. 
-  (1830),  132,  257. 
Rhine,  134. 

—  dues,  250. 

—  navigation  of,  31. 

River   Commission   of   Danube, 

171-2,  320. 
Robespierre,  18. 
Romagna,  217  ff. 
Rome,  226,  317. 
Roon,  von,  269. 
Rumelia,  Eastern,  326. 
Rupel,  115. 


Russell,  Earl,  27,  125,  197,  219. 
Russell,  Lord  Odo,  360. 
Russo-Turkish   War   (1806-12), 

"I.  174. 

—  (1877-8),  in,  324  ff.,  368. 

Sadoullah,  360,  390. 
St.  Helena,  25. 
Saint-Vallier,  360. 
Salisbury,  Marquis  of,  360. 
Salonika,  113,  325,  328,  371. 
Sardinia,  169,  210  ff. 
Savoy,  1 8,  210  ff. 
Saxe-Meiningen,  250. 
Saxony,  247-50. 
Scheldt,  134-5. 
Schleswig,  186  ff.,  247  ff. 
Schleswig-Holstein,  317. 
Schneckenburger,  Max,  168  n. 
Schouvaloff,  325  n.,  360. 
Sebastiani,  142. 
Sebastopol,  163. 
Sedan,  271,  313. 
Senate  U.S.,  and  Treaties,  5. 
Senff,  142. 
Serbia,  autonomy,  165. 

—  independence,  174. 
Servais,  262. 

Seven  Years'  War,  264. 

Seymour,  Sir  H.,  162. 

Sicilies,  Two,  210  ff. 

Sicily,  33. 

Silesian  Wars,  264. 

Silistria,  163. 

Silveira,  Loboda,  94. 

Slave  Trade,  5,  6,  24,  25  «.,  31-3. 

Smilianitch,  366. 

Solferino,  214. 

Spalaikovitch,  366. 

Spanish- American  War,  175. 

Spanish  Netherlands,  256. 

Spanish    Succession    War,    128, 

134,  212. 

Stackelberg,  Comte,  94. 
Stanley,  Lord,  14-15,  262. 
Standoff,  366. 

States-System,  European,  163. 
Stewart,  Sir  Charles,  22,  25,  94. 
Stockholm,  174. 
Stratford    de    Redcliffe,    Lord, 

i6off. 
Sweden  and  Norway,  Union  of, 

34- 
Swiss  Confederation,  210  ff. 


INDEX 


403 


Talleyrand,  Prince  de  Benevent, 

22,  29,  30,  94,  1 19. 
Thessaly  (1881),  ill. 
Thiers,  A.,  278. 
Thionville,  259. 
Thirty  Years'  War,  1 34. 
Tontcheff,  366. 
Tornaco,  262. 
Trentino,  372. 
Trieste,  371. 
Tripoli,  327,  371. 
Turco -Italian    War    (1911-12), 

371. 

Turin,  226. 
Tuscany,  212  ff. 

Van  de  Weycr,  262. 

Varennes,  18. 

Venetia,  2ioff.,  243,  263. 

Venice,  31,2125. 

Venizelos,  Eleutheros,  112,  113, 

327.  366. 
Versailles,  16,  18. 
Victor  Emmanuel,  216  ff. 
Victor  Emmanuel  Railway,  213. 


Victoria,  Queen,  133. 
Villamarina,  de,  184. 
Volo,  in. 
Voukotitch,  366. 

Wachter,  279. 

Waddington,  W.  H.,  in,  36°- 
Walewski,  Count,  14,  184,  197. 
Wallachia,    102-4,    I^°  **••    1^>S» 

171  ff.,  314. 
Warsaw,  Grand  Duchy  of,  29, 

30,  37-8- 
Waterloo,  25. 
Wellington,  Duke  of,  25,    105, 

107. 

Werther,  209,  255. 
Wessenberg,  Baron,  93. 
William  I,  241,  2696.,  374  n. 
William  I  (Netherlands),  130. 
William  IV,  259. 
Wimp  ff  en,  239-40. 
Wittelsbach,  House  of,  109. 
Wurtemberg,  247,  249. 

Ypsilanti,  Alexander,  103. 


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